Doctrine of Immanuel Kant on individual liberty as the basis of transcendental theory of philosophy and law
Автор: Petrosyan Liana Kamoevna, Ponomarev Andrei Aleksandrovich
Журнал: Правовое государство: теория и практика @pravgos
Рубрика: Теория и история права и государства. История учений о праве и государстве
Статья в выпуске: 2 (48), 2017 года.
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By analyzing the concept of freedom, Kant receives the notions of morality and higher moral law. The development of these concepts leads to the assertion of the concepts of legality and law. According to Kant, main theoretical issues ensue from the concept of law, they are to deduce and justify the freedom of every member of society as a human being, his\her equality with each other as a citizen, the independence of each member of society as a citizen. Theoretical elaborations of these issues define the main content of the Kantian concept of individual rights and duties. However, Kant's assertion that the concept of freedom itself can not be a subject of theoretical analysis, because it can not be an object of experience, leaves it to be essentially an abstract concept. Accordingly, the general principles of morality and law received by him also have a form of abstraction and it does not allow giving a convincing rationale for private legal principles.
Kant, law, morality, freedom, personality, legality, supreme moral law
Короткий адрес: https://sciup.org/142233875
IDR: 142233875