Тези “I.kant`s philosophy of the legal state”

ПІБ

к.істор.наук

доцент кафедри філософії та політології

ПІБ

Студентка гр. ПУА-11

Факультету економіки та управління ТНЕУ

 

I.KANT`S PHILOSOPHY OF THE LEGAL STATE.

 

Formulation of the problem. The philosophical system of Immanuel Kant is one of the most complex in the history of philosophy. The thinker paid special attention to the problems of the philosophy of law and the philosophy of legal history. First of all, it is the philosophy of the history of law and the philosophy of the state. Kant considered the historical legal process from the point of view of the theory of natural law. He revealed regularities in the development of law and the state and raised the question of the need to apply philosophical and legal methods to the study of events in the history of law and the state. According to Kant’s theory, the history of law itself has external manifestations (phenomena).

Kant built his teaching on the following principles: law is a measure of freedom, its main function is formal equality. Analyzing the content of historical and legal processes, he tries to understand the dual nature of law. Thereby, he took an important step towards his later theories of subjective and objective law. The cause of social development is the conflict between public and individual interests and needs, between an individual and a social group. Kant was the first to point out the dualistic nature of man – the desire for communication and the need for solitude. The thinker defined the direction of the historical-legal process as ensuring the freedom of man and society. The legal form of achieving this is the formation of a legal civil society. This will bring closer and harmonize morality and law, natural and positive law, law and law, individual freedom of personality and social freedom. This study is devoted to the issue of social freedom in the context of the rule of law.

The purpose of this study is to investigate the philosophy of the legal state of I. Kant.

To achieve the goal of the work, the following tasks must be completed:

• analyze the main aspects of I. Kant’s philosophy of law;
• to develop literary works related to the analysis of I. Kant’s philosophy of the rule of law.

Presentation of the material. The circle of scientific interests of I. Kant was far from historical and legal issues and related to the most general problems of the organization of the world, being, society, knowledge, mind and man. He laid the foundations of the German theories of the social contract, natural human rights, the rule of law, civil society, individual freedom, the relationship between freedom, law and morality, as well as the mutual influence of morality, law and the state., separation of powers, methods of political management and foreign policy [5].

In our opinion, this played a very important role not for understanding the approach to the history of the state and law, but for defining its subject and separation from general history, from the theoretical and methodological apparatus of the state and law. I. Kant was the first to emphasize and emphasize the importance of fundamental legal science, including the history of the state and law: “The purely empirical doctrine of law is a head that can be beautiful, but, unfortunately, has no brains” [24].

Kant’s philosophical understanding of law, in fact, made a revolutionary coup. His theory of noumenons and phenomena posed the question of knowledge among other “things-in-themselves” and such a universal phenomenon as law. Positive law is that in which the law appears to us as the main prerequisite for what is appropriate in the behavior of people, that is, the phenomenon, what the great German thinker called the ethical minimum; that which requires from society state organization and provision of universal obligation by force of state-legal coercion. Hence the statement of the main question of philosophy, which was first made in a complete, clear and ontological and epistemological sense by Kant: what is law in its essence, in its content, what is its meaning. It seems logical here to understand that the history of law itself is the same noumenon as law itself.

Kant’s philosophical and legal ideas about the state are directly related to his anthropology, which, on the one hand, addresses logical and epistemological issues, and on the other hand, intersects with his concept of upbringing and education. This concept is essentially focused on spirituality, which helps a person to take his rightful place in the world. The basis of practical reason, morality is precisely spirituality, which helps to understand what needs to be done, “what one needs to be in order to be a person.” For Kant, spirituality is the inner unity of immateriality of the individual. As an intellectual, spiritual being and a moral personality, a person becomes, so to speak, immortal. According to Kant, the highest good, which cannot be achieved in the transience of sensual life, can be achieved in the presence of immortality. Theoretical philosophy. In the context of spirituality, Kant considered the disclosure of the essence of morality, which regulates human behavior, to be one of the most important tasks: “Two things fill the soul with always new and always stronger wonder and awe, the more and longer we think about them, the starry sky above me and the moral the law is in me” [4].

Kant in his work “To Eternal Peace” finally affirmed the sociality of law and the special nature of law through the idea of ​​national law, declaring the state a “moral personality”, and based on the idea of ​​a social contract, introduced a new concept of “civil-legal state”. The merit of I. Kant in this area is the introduction of a clear typology of social law (“legal system”): its division into national-state (“system of people in one nation under state law”, “legal legislation of the people”, jus civitatis) and international (“the system of states in relation to each other”, jus gentium).

Thus, the unified nature of national and international state law was clearly declared (both have a contractual and volitional, i.e., social nature in their essence). Kant’s idea of ​​the third type of legal system — cosmopolitan law, which is defined as common in legal systems of the first and second types and formed on the basis of connections and interactions between legal systems — is extremely interesting. I. Kant pointed out, although he did not develop this thesis in detail, such sources of similarities in the development of national legal systems as ethno-cultural kinship and religion.

 

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