| The relationship between morality and right is an important issue in the field of Kant’s legal philosophy,and Kant scholars have always paid close attention to it.The discussion in the academic circles around the relationship between "moral doctrine" and "right doctrine" in Kant’s legal philosophy has formed two different schools of thought,namely "dependency theory" and "separatism theory".It is precisely because of this opportunity that the author believes that it is necessary to reorganize the relationship between morality and right in Kant’s legal philosophy.In the author’s view,right and morality are inherently related.First,both of them are based on practical rationality on the basis of internal;secondly,both are intended to realize human freedom in intention.However,due to the two different treatments and means in the way of realizing freedom,they must be divided into two parts,and must not be confused.The main content of this article aims to solve two aspects of the problem: First,right and morality have the same origin in the internal regulations;Second,the legal power and morality are separated in what sense.In addition to "Introduction" and "Conclusion",this article is divided into three parts.The first part analyzes the "freedom" as the foundation of Kant’s legal philosophy.Because that Kant used the concept of freedom as a preparatory concept of moral metaphysics in Die Metaphysik der Sitten,and regarded it as a principle of paradigm.Therefore,Kant’s argument on morality and right depends to a great extent on his argument on freedom,so the problem of freedom must be solved first.Freedom,as the subject of Kant’s practical philosophy,is also a core concept in Kant’s legal philosophy.Kant distinguished "freedom" at different levels: from "transcendental freedom" to "practical freedom".Transcendental freedom opens the beginning of the phenomenal world,which is the sum of the conditions of the unconditional,thus getting rid of the infinite questioning of the cause of the phenomenal world,thus proving that freedom is possible.Just to prove the possibility of freedom is incomplete for Kant’s practical philosophical system,and it must be further proved that freedom is in real,that is,to prove that freedom is an innate necessary condition for the series of causes in the empirical world.The basis of practical freedom lies in a transcendental freedom.By distinguishing between the two levels of freedom,Kant tries to gradually improve the subjectivity of man: on the one hand,man can get rid of the mechanical causality of the phenomenon world,take the initiative to understand nature,master knowledge and truth,and realize it as legislation of nature;on the other hand,man can follow the laws of practical reason in the ontological world,and thus legislate for action.That is,according to the laws of reason,stipulate one’s own actions and restrict one’s own actions.The second part mainly clarifies the relationship between moral laws and the principle of right.Kant explained his moral theory from the innate principle,thus establishing a pure moral philosophy.He refused to use any empirical or material elements as the basis for moral regulations to ensure the universal inevitability of moral laws.Moral laws are unconditionally effective for any rational being.If that kind of being is completely rational,it will automatically act in accordance with this law,so that law will not appear as a kind of "restriction".But after all,we humans are not completely rational beings.Reason cannot fully define will,and will also be affected by perceptual preferences.Human will does not completely conform to the objective necessity of practical reason.Although we recognize the universal necessity of moral law,it still appears as a limitation for us,and the basic principles of morality for us It is presented in the form of " Categorical Imperative ",through which an internal coercion is imposed on human behavior.As the coexistence of external freedom under the law of freedom,right involves the subject’s free willfulness.It gives the subject’s free choice,and when a person is interfered,he has the right to impose compulsory justification on another person.Virtue involves the subject ’s free will,and right involves free willfulness,which provides a theoretical basis for the distinction between right and morality.The third part analyzes the concept of right and further explores the relationship between morality and right on the basis of the concept of right.The distinction between right and morality is related to the three key factors of "external freedom","motivation" and "coercion".By analyzing these three factors,we can see that morality and right actually protect people’s freedom in two different ways.That is,the former way of guaranteeing freedom can’t be enforced by anything except respect for moral laws,while the latter is precisely in a way that can be enforced to limit the authority of freedom to ensure that everyone’s freedom is coordinated in the field of practice.This means that morality is concerned with personal moral self-discipline or autonomy,and right guarantees the legitimacy of action by imposing an external coercion in the field of practice;on the other hand,right does not focus on action The motivation and intention of the person,without considering the motivation,prompts people to do legal things,provided that their own external actions do not harm the freedom of others.And these things themselves also meet the requirements of the moral,so the right has also partially achieved the morality goal.And through the external realization of the inherent moral character of the right,the right expands the moral extension and enriches the moral connotation.Kant emphasizes the value of freedom so much that freedom can be regarded as a basic clue that runs through the main content of this article.Kant demonstrated the existence of human freedom from the perspective of self-discipline and also established the theme of freedom for his practical philosophy.The freedom emphasized by Kant is the self-realization of individual value made by individuals through internally seeking moral laws.However,due to the lack of compulsory effect of this self-disciplined freedom,Kant extended this internal freedom to external freedom,which is the transition from morality to right. |
