Traduction de l’ « Introduction » du cours de droit naturel ditNaturrecht Feyerabend(1784)

Kant-Studien ◽  
2020 ◽  
Vol 111 (4) ◽  
pp. 612-646
Author(s):  
Sophie Grapotte

AbstractThis paper offers the first French translation of the “Introduction” (“Einleitung”) of the only available manuscript of the natural law course (which Kant taught between 1767 and 1788) known as Naturrecht Feyerabend (1784). The translation is preceded by a “Présentation” which, in particular, aims to establish the important but often ignored place of the “Introduction” of the Naturrecht Feyerabend in the development of Kant’s moral thought. The most obvious interest of the Naturrecht Feyerabend is related to the year in which this course was taught: 1784, a crucial year in the evolution of Kant’s moral thought, where Kant worked to complete the Grundlegung der Metaphysik der Sitten. In this regard, the “Présentation” that we propose for the French translation of the “Introduction” emphasizes that the Introduction of the NF contains arguments which are not found in the Grundlegung der Metaphysik der Sitten (among others the arguments that only freedom gives dignity and makes rational beings ends in themselves and that freedom must be a law to itself). To this extent, this “Présentation” aims to contribute to showing that the Introduction of the NF is a valuable text for the historian of Kantian thought who wants to reconstruct the development of Kant’s moral thought.

1983 ◽  
Vol 15 (44) ◽  
pp. 27-41 ◽  
Author(s):  
Roberto J. Vernengo

Legal philosophers and logicians study problems related to the syntactical and semantical aspects of norms, without worrying about the ilocutionary aspects of their use. With Kelsen 's posthumous work, the Allgemeine Theorie der Normen, and the new preoccupations of deontic logicians, it seems that what is called the "normative functions" of norms are becoming a central point of the discussions between logicians and philosophers of law and moralists. Traditionally, the ilocutionary aspects of norms has been construed as the question of the empirical manifestation of the will, as it is suppossed that every norm expresses somebody's will. Nevertheless, that thesis -although traditional in legal and moral thought- implies some metaphysical presuppositions concerning the ontological status of what is called "the will" which must be brought to light if jurisprudence is going to attain a modern scientific approach. In Kelsen's work it seems clear that the relationship between das Sollen and das Wollen is where that old metaphysical idea regains strength. It can be found in Thomas Aquinas -and the c1assicalscholastics- a sort of theory on the empirical expression of acts of will, know as signa voluntatis, which keeps close and analogy with the normative functions of modern jurisprudence. Perhaps the theory of positive law, as manifestation of signa voluntatis, would establish a bridge between modern legal positivism and some forms of classical natural law.


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