A Case Study of the Right of Nature

Abstract

Abstract Drawing from his philosophy of natural right and his universal practical philosophy, this chapter derives the genesis of Baumgarten’s just war doctrine and shows its impact on Kant’s philosophy of peace. It underscores the historical development of Baumgarten’s ideas within the framework of first practical philosophy, particularly drawing from his works such as the Elements, the Ethica philosophica, the Ius naturae, and the Sciagraphia encyclopaediae philosophicae. Analyzing Baumgarten’s departure from traditional theories of just war, the chapter reveals his innovations, including a three-fold temporality of defense, a strict limitation of just war to self-defense, a clear distinction between force and violence, and a prohibition against punitive war. Emphasizing the significance of Baumgarten’s ideas, the chapter highlights their currently unrecognized influence on the principles of the United Nations Charter, with particular attention paid to the doctrines of defensive war and the exclusion of punitive war, which were later adopted by Kant.