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Single Idea 21082
[filed under theme 24. Political Theory / A. Basis of a State / 3. Natural Values / c. Natural rights
]
Full Idea
The state of nature need not be a state of injustice merely because those who live in it treat one another in terms of power. But it is devoid of justice, for if a dispute over right occurs in it, there is no competent judge to give valid decisions.
Gist of Idea
A power-based state of nature may not be unjust, but there is no justice without competent judges
Source
Immanuel Kant (Metaphysics of Morals I: Doctrine of Right [1797], §44)
Book Ref
Kant,Immanuel: 'Political Writings', ed/tr. Reiss,Hans [CUP 1996], p.137
A Reaction
Could you not achieve justice by means of personal violence? Might not a revered older person have been accepted as a judge?
The
22 ideas
with the same theme
[rights that seem to belong to any living creature]:
7402
|
Everyone has a right of self-preservation, and harming others is usually unjustifiable
[Grotius, by Tuck]
|
7412
|
Spinoza extended Hobbes's natural rights to cover all possible desires and actions
[Spinoza, by Tuck]
|
19914
|
In nature everything has an absolute right to do anything it is capable of doing
[Spinoza]
|
19915
|
Natural rights are determined by desire and power, not by reason
[Spinoza]
|
19866
|
The rational law of nature says we are all equal and independent, and should show mutual respect
[Locke]
|
19872
|
The animals and fruits of the earth belong to mankind
[Locke]
|
19907
|
There is a natural right to inheritance within a family
[Locke]
|
3732
|
Rational beings have a right to share in the end of an action, not just be part of the means
[Kant]
|
21082
|
A power-based state of nature may not be unjust, but there is no justice without competent judges
[Kant]
|
21071
|
There can be no restraints on freedom if reason does not reveal some basic rights
[Kant]
|
20977
|
Natural rights are nonsense, and unspecified natural rights is nonsense on stilts
[Bentham]
|
21785
|
We are only free, with rights, if we claim our freedom, and there are no natural rights
[Hegel, by Houlgate]
|
22790
|
We cannot assert rights which are unnatural
[Hegel]
|
3774
|
Rights are a matter of justice, not of benevolence
[Mill]
|
3773
|
No individual has the right to receive our benevolence
[Mill]
|
14822
|
If self-defence is moral, then so are most expressions of 'immoral' egoism
[Nietzsche]
|
23836
|
Obligations only bind individuals, not collectives
[Weil]
|
21940
|
Nature is not the basis of rights, but the willingness to risk death in asserting them
[Foucault]
|
8050
|
There are no natural or human rights, and belief in them is nonsense
[MacIntyre]
|
7595
|
The idea of a right seems fairly basic; justice may be the disposition to accord rights to people
[Scruton]
|
5660
|
Allegiance is prior to the recognition of individual rights
[Scruton]
|
23262
|
Experience, sympathy and history are sensible grounds for laying claim to rights
[Grayling]
|