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Acercamiento a la génesis y estructura de la Filosofía Kantiana del Derecho
| Content Provider | Semantic Scholar |
|---|---|
| Author | Suárez, Rodríguez Fabián, Cristian |
| Copyright Year | 2018 |
| Abstract | Kant indicates that knowledge begins with experience, it occupies an important role in the development of critical philosophy. According to the object of study here proposed, the practical philosophy that includes morality, politics and law are determined in part by the historical context and the usual practices, aspects inherent to the experience. This aspect occupies a central role in the construction of the Kantian philosophical conception, because, Kant analyzes at the moment of constructing the moral, political and legal theory the context of East Prussia and in general of Europe. From this, it takes up elements that allow him to deduce that it is imperative and necessary the construction of universals (laws), that determine the freedom of men in the fields of morality, law and politics, taking as a model the physics of Newton in regards to the progress of the natural sciences. The Kantian analysis of the legislation of the seventeenth and eighteenth centuries is highlighted, from which the scant normativity of private law deduces. At this point lies one of the concerns of the Kantian theory of law, then, from practical philosophy one of the purposes is to base human freedom and autonomy recognizing the dignity of the individual and their rights against others (society). According to the raised, a reconfiguration and rupture with the system of the feudal State begins from the practical philosophy, since, many of the determinations of the Kantian thought revolve around the individual like characteristic of the modern State, which contemplates the right to the property private as a feature of external freedom and the principle of legal equality against the republican form of the State that recognizes the dignity of man. It concludes the strong influence of Rousseau in Kantian thought. Above all it is observed how the theses posed by Rousseau in Principles of political law, determine the Kantian philosophy of law and in general the contents of the fertile production of works of practical philosophy in general, in which Kant, adopting the primacy of morality and recognition of the rights of man, ends up recognizing the supremacy of freedom over nature and autonomy as the basis of law in the social order. |
| File Format | PDF HTM / HTML |
| Alternate Webpage(s) | https://repository.unilibre.edu.co/bitstream/handle/10901/11767/Acercamiento%20a%20la%20estructura%20y%20g%C3%A9nesis%20de%20la%20filosof%C3%ADa%20kantiana%20del%20derecho.pdf?isAllowed=y&sequence=1 |
| Language | English |
| Access Restriction | Open |
| Content Type | Text |
| Resource Type | Article |
