Kant, Metaphysics of Morals, p. 92-94, 97-123 (Week 8 Reading pt1)

Kant begins by defining right (Recht) as the system of principles that allows the freedom of each person to coexist with the freedom of everyone else. Unlike ethics, which focuses on a person's motives and whether they act from duty, the doctrine of right is concerned only with external actions and their effects on others. An action is right if it can exist alongside the equal freedom of all people according to a universal law. The purpose of rights, therefore, is not to make people virtuous but to create conditions in which everyone can exercise their freedom without interfering with the freedom of others.

Kant then explains why coercion can sometimes be compatible with freedom. At first, force appears to be the opposite of liberty, but Kant argues that preventing someone from violating another person's freedom actually protects freedom overall. If a person steals, threatens, or harms another, they are obstructing the equal freedom that all people possess. Using force to stop that interference is therefore justified because it is a "hindering of a hindrance" to freedom. This argument provides the philosophical basis for laws, courts, punishment, and other forms of legal authority.

Next, Kant introduces the concept of innate right, which he identifies as the one natural right possessed by every human being simply by virtue of being a person. This innate right is freedom, understood as independence from being subject to another person's arbitrary choice. Because all people possess this freedom equally, no one is naturally entitled to rule over, own, or dominate another. From this basic right flow ideas such as equality before the law, personal independence, and legal personhood.

After discussing innate rights, Kant turns to acquired rights, which include property, contracts, and other social relationships. He asks how an external object can become someone's property. Physical possession alone cannot explain ownership because people continue to own things even when they are not physically holding them. Ownership must therefore involve a rational and legal claim that others are obligated to recognize. Property is not merely a matter of force or control but a rightful relationship between persons concerning external objects.

Kant argues that reason itself requires the possibility of private property. Human beings need access to and control over external objects in order to pursue their goals and exercise their freedom in the world. If no one could rightfully claim property, constant conflict would result because individuals would have no secure means of using resources. For this reason, practical reason supports the idea that external objects can become someone's property, making property rights a necessary condition for human freedom.

Kant next examines how property is originally acquired. He argues that the earth belongs to humanity in common, meaning that private ownership requires justification. Simply taking or occupying something is not enough to establish a right to it. Instead, ownership must be capable of being recognized universally by all rational persons. A claim to property is legitimate only when it can coexist with the equal freedom of everyone else.

The discussion then moves to contracts, which Kant views as an essential mechanism for coordinating freedom among individuals. Through contracts, people voluntarily transfer rights, exchange goods, and create obligations. A contract is legitimate only when both parties consent, since consent reflects the exercise of free choice. Contracts allow people to cooperate peacefully rather than relying on force, making them a crucial component of a functioning society.

Finally, Kant argues that although rights and property may exist in principle in a state of nature, they remain insecure without a public legal authority. Disagreements over ownership and rights cannot be reliably resolved when individuals are left to judge their own cases. As a result, people have a duty to leave the state of nature and enter a civil condition governed by public laws. The state is necessary because it provides courts, enforcement, and legal institutions capable of protecting rights consistently. For Kant, civil society is not merely convenient; it is a moral requirement because only a lawful political order can fully secure the freedom and rights of all persons.

Overall, these pages argue that freedom is the foundation of all rights, that property and contracts are necessary expressions of freedom, and that a legitimate civil government is required to protect those rights through a system of public law.