The Concept of Property in Kant, Fichte, and Hegel

Cover
Endorsement Page
Half Title
Series Page
Title Page
Copyright Page
Table of Contents
Preface
Acknowledgments
List of Abbreviations
Introduction: Property in Legal Philosophy
	Overview
	Two Pitfalls of Thinking about Property: Legalism and Economism
	Concepts and Theories of Property
	Five Recent Shifts
		From the Political to the Economic
		Between the Political and the Economic
	Exclusion, Efficiency, Anxiety
		Exclusion and Efficiency
		Ownership Anxiety
	New Paradigms
	Conclusion
	Notes
Chapter 1: Kant’s Metaphysics of Property
	Freedom and Right: Metaphysical Foundations of Property
		Metaphysics of Morals
		Laws of Freedom
		On Right and Coercion
		Innate Right of Freedom
		Overview of the Doctrine of Right
	Mine and Yours: Normative Foundations of Property
		Possession
		Deduction of Intelligible Possession
		Juridical Postulate of Practical Reason
		Permissive Law
		Proof of the Postulate
		Conceptual and Normative Conditions of Possession
		Antinomy of Possession
		The Need for a Civil Condition
		Provisionally Rightful Possession
		Philosophical Consequences
	Acquiring: Social and Material Foundations of Property
		Acquiring Rights to Property
		Original Possession in Common
		Land and the United Will
		The Unchosen Conditions of Freedom
		From Common Possession to Individual Property
		Provisional Acquisition
		Postulate of Public Right
		A Kantian Critique of Colonialism
	Conclusion
	Notes
Chapter 2: Fichte’s Recognition of Property
	Fichte’s Foundations of Natural Right
		Introducing Fichte’s Theory of Property
		Structure of the Foundations of Natural Right
	The Concept of Right
		Rationality, Freedom, and Efficacy
		Summons and Spheres of Action
		From Recognition to Right
		Community of Right
	Transcendental Ground of Property
		Original Rights
		Original Property
		Review
	Normative Ground of Property
		Limits of Freedom: Body and Possession
		From Possession to Property
	Applied Right
		Citizens’ Contract
		Property Contract
		Political Economy of Property: Labor, Class, and the Unemployed
		Freedom, Leisure, and Absolute Property
	Conclusion
	Notes
Chapter 3: Hegel’s Struggle for Property
	Hegel’s Criticisms of Kant and Fichte
		Early Writings on Property and Right (1798–1803)
		Hegel’s Appropriation of Fichte
	System of Ethical Life (1802–3)
		Possession and Property in Natural Ethical Life
		From Equal Exchange to Lordship and Bondage
		Freedom, Negativity, Crime
		The System of Need
		Conclusions on the System of Ethical Life
	First Philosophy of Spirit (1803–4)
		From Transgression to Recognition
		The Self-Moving Life of the Dead
		Conclusions on the First Philosophy of Spirit
	Second Philosophy of Spirit (1805–6)
		Possession as Injury
		The Excluded and the Excluding
		The Struggle against Possession
		The Birth of Right
	Conclusion
	Notes
Conclusion: The Social Pathologies of Property
	Notes
Bibliography
Index