カントの世界市民法について : 生得的権利の保証の観点から

概要

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投稿論文はじめに第一節. カントの世界市民法/権とその「限定」第二節. 内的な私のものと外的な私のもの第三節. 自己保存の権利について第四節. 生得的権利を保証するものとしての世界市民法第五節. 国際的援助についての一考察まとめKant's cosmopolitan law commands individuals and peoples not to treat foreigners in their land with hostility, as long as they keep the peace. I would like to suggest that Kant's cosmopolitan law is intrinsically aimed at guaranteeing the innate right of all individual human beings, regardless of his or her nationality. The existence of this law shows that to be a member of some state is a necessary but not sufficient condition for a full security of what is his. In any case, individuals and peoples should respect at least the innate right of others. From this assumption, I also explore the possibility of the international aid in Kant's theory of Right. The concept of the innate right contains the right to self-preservation, which he did only imply in his Rechtslehre. While Kant admitted that a people have the obligation to sustain their members, he didn't refer to any transnational duty to humanitarian aid in his published books. The cosmopolitan law also doesn't prescribe the international aid, but Kant seems to provide the other ground to it.