Law and justice in Kant
DOI:
https://doi.org/10.4013/rechtd.2013.51.05Abstract
This paper aims to clarify the moral concept of law in Kant’s doctrine of law through the distinction between legal laws and ethical laws, on the basis of the moral laws. However, it points to an inconsistency between this conception and the recognition of the rights of fairness and necessity, on the one hand, and the non-realization of these rights, on the other. It intends to show that the realization of those rights can take place through an appeal to moral principles, omitting the application of laws with unfair consequences.
Key words: justice, law, formalism, fairness, necessity.
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