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Research On Kant's Philosophy Of Right

Posted on:2018-06-21Degree:DoctorType:Dissertation
Country:ChinaCandidate:D LiuFull Text:PDF
GTID:1366330536975386Subject:Legal history
Abstract/Summary:PDF Full Text Request
The purpose of this paper is to explore the various categories of Kantian legal philosophy system.The philosophy of philosophy system is based on the philosophy of criticism,and practical philosophy of philosophy is particularly close.This paper is divided into five chapters.The first chapter combs the academic history of the study of legal philosophy in our country.First of all,it reviews the history of Kant's philosophy in China in the past 100 years,and can be divided into three stages according to the characteristics of the times,the early Kantian philosophy research,the early founding and the new period of Kantian philosophy.And the academic history of the philosophy of law to sort out,respectively,from the rights of science and permanent peace in these two areas to sum up.This part of the content,introduced a representative of the legal philosophy of scholars and scholars.The second chapter discusses how the philosophy of law is from purely practical reason.As we all know,Kant's critical philosophy has led to the history of philosophy "Copernican revolution",and in its practical rational criticism,but also established the purpose of rational principle.This chapter discusses the relationship between legal philosophy and practical reason,and thinks that Kant made a moral interpretation of legal power based on the theory of transcendental rationality and rational philosophy as the theoretical basis of legal philosophy.Chapter 3 mainly deals with the analysis of the concept of rights.The concept of law is presented at the metaphysical level,and this metaphysics is attributed to Kant's fall into the category of moral metaphysics.Therefore,the definition of the concept of rights,as well as the purpose of the purpose of the law should be in the context of moral metaphysics.The fourth chapter discusses the basic category of legal philosophy,first of all the private law and public law rights are defined.Private law rights are involved in the relationship between people in things,in relations,in the three areas of the family,in harmony with each other and to ensure their freedom;the purpose of public law is to achieve the freedom and rights of citizens.In the field of the rule of law,there are three main elements of the rule of law,namely: the protection of justice,the exchange of justice and the distribution of justice.Finally,in the law-abiding behavior,Kant argues that self-discipline is the reason and basis for law-abiding,because the compliance with the law is the obedience to the law of reason.The fifth chapter is the last chapter of this article,discusses the historical status and influence of legal philosophy.Kant's philosophy of law continues the tradition of liberal jurisprudence,which is embodied in the abandonment of Locke and Rousseau's jurisprudence.From the perspective of the influence of philosophy on later generations,both Hegel or Marx,or neo-Kantian law and neo-naturalist jurisprudence,have learned from the philosophy of righteousness.Finally,the understanding of the philosophy of philosophy,both in the context of the entire critical philosophy of analysis,but also to understand the philosophy of philosophy system,and ultimately to serve the moral philosophy.People are pursuing personal desires by acting within the boundaries delineated by the law,although this is a kind of regulation of external freedom.However,if you use a reflective perspective on the perspective of this view,you can achieve real freedom in this way,to achieve moral self-discipline.
Keywords/Search Tags:Kant, legal philosophy, system Practical, reason a priori
PDF Full Text Request
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