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On the Right of civil resistance and the origin of constitution with regard to coercive right of a ruler in Kant's theory

  • PHILOSOPHY·THOUGHT·CULTURE
  • 2006, (4), pp.187~224
  • Publisher : Research Institute for East-West Thought
  • Research Area : Humanities > Other Humanities

Eusun Heo 1

1동국대학교

ABSTRACT

In Kant's theory, a people who already subject to an existent civil community cannot offer resistance to the head of state.For a people to be authorized to resist, there would have to be a public law permitting it to resist, that is, civil laws are over civil constitution, this is self-contradictory. It is grounded on an original contract that lies a priory the rational idea of pure pracitce reason in civil condition that before a public lawful condition. A people are allowed only that oppose any injustice by complaint but not by resistance although the head of state violates an original contract. But they too havetheir inalienable rights against the head of state by a idea of the first contract, even though it cannot allowed coercive right against the ruler. Thus freedom of pen is the only guardian of the people's right. For it is a public use of reason by maxim of publicity.

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