Arthur Ripstein, ‘Political Independence, Territorial Integrity and Private Law Analogies’

ABSTRACT
Kant deploys analogies from private law in describing relations between states. I explore the relation between these analogies and the broader Kantian idea of the distinctively public nature of a rightful condition, in order to explain why states, understood as public things, stand in horizontal, private legal relations without themselves being private. I use this analysis to explore the international law analogues of the three titles of private right, explaining how territory differs from property, treaty from contract and the specific form of status relations bet,ween nations. I conclude with a brief discussion of the ongoing relevance of these horizontal relations.

Arthur Ripstein, Political Independence, Territorial Integrity and Private Law Analogies, Kantian Review, volume 24, special issue 4 (Special Issue on Kant and Law) December 2019, pp 573-604.

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