On the meaning of Kant’s juridical formalism
This paper aims to provide a response to the criticism directed by the jurist Fábio Konder Comparato at Kant’s juridical formalism. I will explain why this criticism is mistaken in identifying an incomplete and unsatisfactory Theory of Law in Kant’s Doctrine of Right. Therefore, I intend to show tha...
| Author: | |
|---|---|
| Format: | article |
| Status: | Published version |
| Publication Date: | 2015 |
| Country: | Brasil |
| Institution: | Universidade de Brasília (UnB) |
| Repository: | Revista de Filosofia Moderna e Contemporânea |
| Language: | Portuguese |
| OAI Identifier: | oai:ojs.pkp.sfu.ca:article/12473 |
| Online Access: | https://periodicos.unb.br/index.php/fmc/article/view/12473 |
| Access Level: | Open access |
| Keyword: | Formalismo ético Formalismo jurídico Metafísica do direito Fins Motivos Ethical formalism Juridical formalism Metaphysics of law Ends Motives |
| Summary: | This paper aims to provide a response to the criticism directed by the jurist Fábio Konder Comparato at Kant’s juridical formalism. I will explain why this criticism is mistaken in identifying an incomplete and unsatisfactory Theory of Law in Kant’s Doctrine of Right. Therefore, I intend to show that the purpose of the German philosopher was not to present a theory of law, but a Metaphysics of Law. This explains why Right has been conceived as a pure concept. Moreover, in order to determine the meaning of the juridical formalism, I will consider the Hegelian criticism against the so called Kantian ethical formalism, and try to answer such criticism as well. |
|---|