Challenging Property Rights: Gauthier's Conception and Hegel's Critique

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property system ought not to be destroyed. Gauthier claims Hegel’s charge for Categorical Imperative is it presupposes the rightness or wrongness of particular actions or practices, ‘anything specific can be made into a duty’ (Hegel Philosophy of Right 438) Gauthier points out in response to Kantian critics that what is critically at issue is whether or not an agent can simultaneously will her maxim and its universalization (Kant 1785:422). It is when the agent who would steal a deposit attempts such a willing that a contradiction seems to arise. A practice such as charity toward the poor, though apparently moral when engaged in by particular individuals or groups of individuals, will in fact prove to be immoral when thought of as universal. Hegel argues: The maxim, ‘help the poor’, expresses the supersession of the specific thing, poverty. The maxim, ‘help the poor’, tested by being evaluated into a principle of universal legislation, will prove to be false because it annihilates itself…. either they …show more content…

When we read Hegel’s criticism we should therefore not overlook the fact that Hegel integrates Kant’s principle of autonomy into his own thinking. Hegel by no means rejects the view that ‘duty ought to be done for duty’s sake.’ In his Rechtsphilosophie, Hegel’s complaint is that Kant’s thinking ‘clings to a mere moral [Moralität] point of view’ and therefore cannot deduce a determinate content that could instantiate the concrete duties of ethical life [Sittlichkeit]. In other words, one cannot simply will ‘duty for duty’s sake,’ one must somehow be able to will something in particular as

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