Font Size: a A A

The Critique Of The Constructivism Interpretation Of The Moral Law

Posted on:2018-07-03Degree:MasterType:Thesis
Country:ChinaCandidate:H T LiFull Text:PDF
GTID:2346330515488002Subject:Legal theory
Abstract/Summary:PDF Full Text Request
There are two mainstreams about the interpretation of the moral law of Kant's moral philosophy in Anglo-American scholar,namely the realism of explanation and the interpretation of constructivism,the later by Rawls.Rawls thinks that Kant's moral philosophy is a kind of moral constructivism,to the understanding of the moral law as constructivism,but popular,"Rawls misuse of Kant","Kant is Rawlsian" and "Rawls is Kantian,or Kant is Rawlsian",such as questioning and criticism.Rawls' s interpretation has what kind of problems,to provide what kind of experience,and even the moral law should be how to understand,these let us return to Kant,to explore the origins meaning of the moral law in Kant's uses.Rawls has said that compared with rational intuition and relativism in ethics,Kant's moral philosophy represents an ethics of constructivism,and formalism criticism of Kant's moral philosophy is wrong,he tries to prove that Kant's moral philosophy is informal.Rawls' constructivism interpretation focus on the content of "the limited rationality beings","categorical imperative procedural",and use the constructivist methods as Rawls' thinking.Rawls interpret "the limited rationality beings" as "rational and reasonable,freedom and equality of the idea of people",it is the foundation of Kant's moral constructivism.Rawls thinks categorical imperative must through categorical imperative procedure to consider the social situation of normal life after can be applied,and make a detailed analysis of the empirical applicable for categorical imperative procedure.For by "the fact of reason" to prove the reality of the moral law in Critique of Practical Reason,Rawls thinks that comparative to Groundwork for the Metaphysics of Morals is a " absolutely shift ".Rawls has said that one of the purposes of A Theory of Justice is to prove the possible of Kant's moral philosophy can be used to empirical world,therefore,Rawls' constructivist methodology application also constitute interpretation in a certain sense.Through "back to Kant",this paper argues that the understanding of moral law,must contact Critique of Pure Reason,Groundwork for the Metaphysics of Morals and Critique of Practical Reason,which of them are fundamental texts.According to Kant,must implement the divide of the representation and thing-as-itself,so the transcendental freedom is possible,and the practice freedom has foundation.As compared to the representation comply with thenatural law as causation,freedom abide by the law of causality is the moral law.Groundwork for the Metaphysics of Morals try to get the moral law firstly,and derive the foundation of the moral law to freedom,because of freedom is not demonstrated,so there is "circular reasoning" and both of them lack of proof.Through "the fact of reason" to proof the reality of the moral law in Critique of Practical Reason,thus proved the reality of freedom,and the practical philosophy so far have foundations.So must contact the transcendental freedom and "the fact of reason" proved the reality and relationship of the moral law and freedom so that make a fully understand of the moral law.Therefore,Rawls' constructive Interpretation,only seize the origins meaning of Kant's rational self-discipline,but this interpretation is constrained the inference of moral law in Groundwork for the Metaphysics of Morals,at the same time trying to respond to a formalism criticism traditional interpretation makes Rawls forget Kant's transcendental idealism standpoint,to go to in-a priori distortion,which ignore internal relations between Groundwork for the Metaphysics of Morals and Critique of Pure Reason and Critique of Practical Reason,and ignoring the interpretation of the moral law should grasp the transcendental idealism position and the relationship between the freedom and the moral law.Through what has been discussed above,we can see that some scholars attempt to make Kant's moral law formalism criticism or in-a priori of the reconstruction,the essence of the debate is how to see the apriority of moral law and in-a priori,this give the philosophy of law a profound enlightenment.How to establish a firm foundation of the legitimacy,morality of law,thus avoiding legal formalism,the positivism in the wholly world is necessary;What is the justice basis of the political philosophical,utilitarian or other;How to train civic virtue and so on,Kant's moral philosophy is to give the response.All this is based on freedom as the basis of practical philosophy,at same time relationship between the moral law and freedom make the moral law become the basis of practical philosophy too.To play the role of the moral law is due to its transcendental nature and so have regulative effect,and make efforts to a kind of applicable in-a priori in the legal practice at the same time.
Keywords/Search Tags:Kant, transcendental freedom, the moral law, Rawls, Constructivism
PDF Full Text Request
Related items