As for the critical character of Kant's rechtslehre

Authors

  • Fábio César Scherer

Keywords:

Law philosophy. Transcendental philosophy. Method. Freedom. Juridical semantics.

Abstract

The Metaphysische Anfangsgründe der Rechtslehre (1797) text is unanimously, in terms of law theory, the most appropriate among Kant publications. This is because, besides exposing in a improved manner the main ideas developed in the previous writings and the complete division of law, he presents the metaphysical principles of right (Metaphysics) and application to particular cases (law empiric application). However, the determination of space in this text, from 1797, inside the transcendental philosophy project is not univocal. The two most important authors in this discussion about the criticism of the late Kantian juridical doctrine were Ritter (1971) e Busch (1979). The aim of this article is, firstly, to analyze both theses in order to, then, endorse the interpretation that defends Rechtslehre composition in accordance to the critical project of the first Kritik and the adaptations of the second Kritik.

Author Biography

Fábio César Scherer

Doutorando em Filosofia pela Universidade Estadual de Campinas (UNICAMP)

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Published

2010-01-01

Issue

No. 3

Section

Ética e Filosofia Política

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