I criticize two ways of interpreting Kant's claim that property rights are merely ‘provisional’ in the state of nature. Weak provisionality holds that in the state of nature agents can make rightful claims to property. What is lacking is the institutional context necessary to render their claims secure. By contrast, strong provisionality holds that making property claims in the state of nature wrongs others. I argue for a third view, anticipatory provisionality, according to which state of nature property claims do not wrong others, but anticipate a condition in which the authority to make such claims can no longer be unilaterally determined.

I argue that Kant’s mature political philosophy entails the provisionality thesis. The provisionality thesis asserts that in a world like ours, populated with beings sufficiently like us, acquired rights (rights to external objects of choice, including property, sovereignty and territory) are necessarily provisional. I motivate the standard view, which restricts the notion of provisional right to the state of nature and the transition from the state of nature to the civil condition. I then provide two textual arguments against it. I conclude by reflecting on the normative implications of the provisionality thesis, arguing that they are more modest than has been formerly appreciated.