A possibilidade moral da propriedade privada em Kant : a interpretação do direito de propriedade na Doutrina do direito a partir do conceito de vontade unificada

Abstract

The objective of this work is to present how the foundation of Kantian property rights is linked to the moral possibility of possession of external mine and yours through the central concept of united will, an argumentative step underestimated or misunderstood by most interpreters. The aim is to reconstitute the argument about the possibility of external possession that Kant presents in the Doctrine of Right, which operates through the concept of “authorization” (Befugnis), going through the deduction of the moral possibility of intelligible possession until reaching the foundation of my and your external (referring to real right) in the idea of united will, which must be taken, in these terms, as the synthetic principle of acquirable right. Thus, it is intended to present that the legal postulate of practical reason, which grants authorization for the possession of external objects, finds its decisive foundation to the extent that the unilateral action of acquiring, carried out by any will, is considered from the perspective of the union of all a priori wills, an idea that becomes, according to pure practical reason, the moral condition for the acquisition of a property. However, it is necessary to recognize that the argument presented in the Doctrine of right appears to be quite truncated, a fact that impairs the understanding of readers who are not familiar with the concepts mobilized by its author. However, in Kant's literary spoils, entitled in the academy's edition of “Preparatory works and additions” (Vorarbaiten und Nachträge), the relationship between the possibility of external possession is more explicitly connected with the idea of ​​a united will in a text entitled “Preparatory work for the Metaphysics of Morals” (Vorarbaiten zu Die Metaphysik der Sitten). Thus, we intend to show how Kant's handwritten heritage helps to understand the justification of private property within right philosophy, adapting the classical thesis of the property right through occupation to the practical philosophy of a universalist type.