The rights discourse of Kant, the main founder of modern political philosophy, shows a constant tension between a propensity for revolution and its limitations. This tension structure constitutes not only a starting point of critique from which Hegel and Marx tried to transcend Kant and realize liberation, but also the logic basis of modern Western political philosophy which is caught in the flybottle of “humanity” and constantly tries to escape by banging against the side. On the revolutionary level, Kant claimd that Nature is not the foundation of human rights, because despite Natures inevitability links with human feelings and desires, the essence of human beings lies in their rationality. Therefore Kant concluded that rationality not only legislates the rules of Nature but also that of morality. As free beings, human beings establish universal moral rules in line with their rationality and in so dong give themselves rights.As far as its limitations are concerned, Kants metaphysical thinking ignored the high complexity of rights, especially that of political rights, as a consequence, it abstracted human beings into undifferentiated general rationality while establishing human subjectivity status, which ultimately led to the inextricable inherently contradictory predicament of rights discourse.
JIA Li-Min.
From Natural Rights to Human Rights ——Inversion Significance and Inherent Predicament of Rights Discourse of Kant [J]. Journal of Renmin University of China, 2013, 27(4): 64-69