Kant: The Metaphysics of Morals (Cambridge Texts in the History of Philosophy) by Kant Immanuel

Author:Kant, Immanuel [Kant, Immanuel]
Language: eng
Format: mobi, epub
Publisher: Cambridge University Press
Published: 1996-04-17T22:00:00+00:00

1 a republic in the broad sense

2 The English terms “municipal law” and “international law” might be used here, if it were kept in mind that Kant’s concern is only with a priori principles. However, given the meaning of Recht specified in 6:229 (p. 23)> it seems preferable to continue using this term throughout for das öffentliche Recht or “public Right.”

3 Although Kant continues to use Gesetzgebung and Gesetzgeber, which were translated in private right as “lawgiving” and “lawgiver,” he is now discussing a condition in which there are positive laws. Hence “legislation” and “legislator” seem appropriate.

4 also im Inneren

5 or “powers” [Gewalten]. In §43 and §44 Kant used Macht (potentia), which was translated as “power.” He now begins to use Gewalt (potestas). But once he distinguishes the three “powers” or “authorities” within a state, it is only the executive authority that has “power” in one sense, i.e., it is the authority which exercises coercion.

6 Herrschergewalt (Souveränität). In this initial distinction of the three authorities within a state Kant specifies that “sovereignty” belongs to the legislative authority. Subsequently he introduces, without explanation, such a variety of terms that it is not always clear which of the three authorities is under discussion. I have used “sovereign,” without noting the word used, only when Kant specifies Souverän. When “sovereign” is used for Herrscher or Beherrscher, a note is provided. Otherwise I have used the more general “head of state,” except for passages which might indicate that one (physical) person has both legislative and executive authority.

7 no wrong is done to someone who consents

8 Vermögen

9 Presumably in this sequence Kant means the first feature is freedom, and the second is equality.

10 Handlanger

11 Würden

12 Gebietenden

13 complement to sufficiency

14 Qualität

15 Natorp suggests that a fairly extensive portion of the text may be missing here, in which “first,” “second,” and “third” occurred twice, and the first occurrence of “third” got replaced by the second. In any case, the “third” point here seems to concern the relation of the judicial authority to the legislative and the executive authorities, not another relation parallel to coordination and subordination.

16 Beherrscher

17 Souverän

18 from a king badly instructed to a king to be better instructed

19 the well-being of the commonwealth is the supreme law. The saying seems to stem from Cicero, De Legibus 111.8: “Saluspopulisuprema lex esto.”

20 werktätig vernünfteln

21 Staatsgewalt

22 jetzt herrschenden

23 Herrscher

24 keine (Zwangs-) Pflichten

25 obersten Befehlshaber

26 Macht

27 rechtmässiger Gebieter

28 obersten Befehlshaber

29 seine willkürlichen Einflüsse

30 Although Kant goes on to call a “moderate” [gemässigte] constitution ein Unding (an “absurdity” in the sense, apparently, of a logical impossibility), it would seem from 6:322 (p. 97) that the absurdity consists in supposing that a parliament representing the people can actively resist the highest executive authority. I take it that his references to a “moderate” and to a “limited” [eingeschränkte] constitution are both directed at the British Constitution. Cf. “Theory and Practice” 8:303.

31 The dethronement of a monarch can still be thought of as if he had voluntarily laid aside the crown and abdicated

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