|Höffe I 310
Contract Theory/Constitutional State/Kant/Höffe: Ownership of things, the contract, marriage, family and household community, are pre-state legal institutions which a common, public will, a state, only guarantees, i.e. merely secures: it frees the owner from the effort of defending his own with his own strength.
State: (...) is (...) a second-order institution, which is at the service of first-order institutions such as property, contracts, marriage, and family.
Justification: With this state foundation Kant follows the thought pattern of contract theory represented by >Hobbes, >Spinoza, Pufendorf, >Locke and >Rousseau.
State of Nature: More in contrast to Locke than to the other contractualists, this is not an early historical event, but a pure thought experiment that does not concern the origin of the state as it is, but the rule and guideline as it should be.
Free persons who live in a state without state relations, the >natural state (also a purely mental element), let a public legal order arise in the original contract, the so-called social contract. >Legislation/Kant._____________Explanation of symbols: Roman numerals indicate the source, arabic numerals indicate the page number. The corresponding books are indicated on the right hand side. ((s)…): Comment by the sender of the contribution. The note [Author1]Vs[Author2] or [Author]Vs[term] is an addition from the Dictionary of Arguments. If a German edition is specified, the page numbers refer to this edition.
I Günter Schulte Kant Einführung (Campus) Frankfurt 1994
Externe Quellen. ZEIT-Artikel 11/02 (Ludger Heidbrink über Rawls)
Volker Gerhard "Die Frucht der Freiheit" Plädoyer für die Stammzellforschung ZEIT 27.11.03
Geschichte des politischen Denkens München 2016