Compatibility of the moral foundation of Law in Kant with the theory of reflective judgment and the Kantian theory of revolution

2015 ◽  
Author(s):  
Maria Lúcia de Paula Oliveira
Keyword(s):  
Reflective Judgment ◽  
Moral Foundation ◽  
Kantian Theory

scholarly journals THE INFLUENCE OF KANTIAN CRITIQUE OF THE POWER OF JUDGMENT ON THE DEVELOPMENT OF THE CONCEPT OF HISTORICAL EXPERIENCE IN THE PHILOSOPHY OF THE BADEN SCHOOL OF NEO-KANTIANISM

2021 ◽  
pp. 180-188
Author(s):  
Артём Александрович Аванесян
Keyword(s):  
Reflective Judgment ◽  
Independent Method ◽  
Historical Experience ◽  
Distinctive Features ◽  
Historical Method ◽  
Cultural Processes ◽  
Kantian Theory

В работе выявляется связь, объединяющая кантианскую теорию суждения с эпистемологической доктриной Баденской школы неокантианства. Различение определяющей и рефлектирующей способности суждения сопоставляется с генерализирующим и индивидуализирующим способами образования понятий. Особенности исторического метода возводятся к отличительным чертам телеологического и эстетического вариантов применения рефлектирующего суждения. Выстроенная на этой платформе концепция самостоятельного метода исторического познания задает особое видение исторического познания как опыта восприятия и понимания единичных, однократных и уникальных культурных процессов. The article reveals the connection that unites the Kantian theory of judgment with the epistemological doctrine of the Baden school of neo-Kantianism. The distinction between the determining and reflective ability of judgment is compared with the generalizing and individualizing methods of forming concepts. The features of the historical method are raised to the distinctive features of the teleological and aesthetic variants of the application of reflective judgment. The concept of an independent method of historical cognition, built on this platform, sets a special vision of historical cognition as an experience of perception and understanding of single and unique cultural processes.

Culture War Casualties: Moral Foundation Endorsement Predicts Intergroup Attitudes

2008 ◽  
Author(s):  
Jesse Graham ◽  
Sena Koleva ◽  
Jonathan Haidt ◽  
Ravi Iyer ◽  
Peter H. Ditto
Keyword(s):  
Culture War ◽  
Intergroup Attitudes ◽  
Moral Foundation

Political orientation and moral foundations

2019 ◽  
Vol 118 (11) ◽  
pp. 365-371
Author(s):  
J Dorasamy ◽  
Mr Jirushlan Dorasamy
Keyword(s):  
South Africa ◽  
North America ◽  
American Studies ◽  
Political Orientation ◽  
The Political ◽  
Moral Foundations ◽  
Open Approach ◽  
Online Questionnaire ◽  
Moral Foundation ◽  
The North

Studies, especially in the North America, have shown a relationship between political orientation and moralfoundation. This study investigated whether moral judgements differ from the political orientation of participantsin South Africa moral judgment and the extent to which moral foundations are influenced by politicalorientation.Further, the study investigated the possibility of similar patterns with the North AmericanConservative-Liberal spectrum and the moral foundation. There were 300participants, 78 males and 222 females,who completed an online questionnaire relating to moral foundation and political orientation. The results partiallysupported the hypothesis relating to Liberal and Conservative orientation in South Africa. Further, this studypartially predicted the Liberal-Conservative orientation with patterns in the moral foundation, whilst showingsimilar findings to the North American studies. A growing rate of a neutral/moderate society is evidenced in SouthAfrica and abroad, thereby showing the emergence of a more open approach to both a political and generalstance.”””

Exclusive Public Reason

2018 ◽  
Author(s):  
Christie Hartley
Keyword(s):  
Public Reason ◽  
Political Liberalism ◽  
Moral Duty ◽  
Public Justification ◽  
Moral Foundation ◽  
Narrow Scope ◽  
Public Reasoning ◽  
Comprehensive Doctrines

This chapter develops the idea of public reason based on the shared reasons account of public justification. It is argued that the moral foundation for political liberalism delimits a narrow scope for the idea of public reason, such that public reasons are required only for matters of constitutional essentials and basic justice. It is also argued that where public reason applies, persons as citizens have a moral duty to never appeal to their comprehensive doctrines when engaging in public reasoning. Hence, an exclusive account of public reason is vindicated. Finally, we respond to various potential objections to our view, such as the claim that the shared reasons view requires identical reasoning and the claim that public reason is interderminate or inconclusive.

Kant and a Philosophical History of Logic

2018 ◽  
Author(s):  
Huaping Lu-Adler
Keyword(s):  
Eighteenth Century ◽  
Historical Narrative ◽  
History Of Logic ◽  
Philosophical Discourse ◽  
Systematic Philosophy ◽  
History Of ◽  
Early Eighteenth Century ◽  
Kantian Theory

This chapter discusses certain exegetical challenges posed by Kant’s logic corpus, which comprises the Logic compiled by Jäsche, Kant’s notes on logic, transcripts of his logic lectures, and remarks about logic in his own publications. It argues for a “history of philosophical problems” method by which to reconstruct a Kantian theory of logic that is maximally coherent, philosophically interesting, and historically significant. To ensure a principled application of this method, the chapter considers Kant’s conception of history against the background of the controversy between eclecticism and systematic philosophy that shaped the German philosophical discourse during the early eighteenth century. It thereby looks for an angle to make educated decisions about how to select materials from each of the periods considered in the book and builds a historical narrative that can best inform our understanding of Kant’s theory of logic.

Property Rights: A Re-Examination

2020 ◽  
Author(s):  
J. E Penner
Keyword(s):  
Property Rights ◽  
Property Theory ◽  
Natural Right ◽  
Kantian Theory ◽  
Bundle Of Rights ◽  
Vexed Question ◽  
The Right ◽  
Jural Relations

Ranging over a host of issues, Property Rights: A Re-Examination pinpoints and addresses a number of theoretical problems at the heart of property theory. Part 1 reconsiders and refutes the bundle of rights picture of property and the related nominalist theories of property, showing that ownership reflects a tripartite structure of title, the right to immediate, exclusive, possession, and the power to licence what would otherwise be a trespass, and to transfer ownership. Part 2 explores in detail the Hohfeldian theory of jural relations, in particular liberties and powers and Hohfeld’s concept of ‘multital’ jural relations, and shows that this theory fails to illuminate the nature of property rights, and indeed obscures much that it is vital to understand about them. Part 3 considers the form and justification of property rights, beginning with the relation an owner’s liberty to use her property and her ‘right to exclude’, with particular reference to the tort of nuisance. Next up for consideration is the Kantian theory of property rights, the deficiencies of which lead us to understand that the only natural right to things is a form of use- or usufructory-right. Part 3 concludes by addressing the ever-vexed question of property rights in land.

Maxims

2019 ◽  
pp. 654-669
Author(s):  
Donald R. Davis
Keyword(s):  
Islamic Law ◽  
Legal Interpretation ◽  
Legal Practice ◽  
Moral Foundation ◽  
Legal Principles ◽  
Legal Traditions ◽  
The World ◽  
The Law

This chapter examines the history and use of maxims in legal traditions from several areas of the world. A comparison of legal maxims in Roman, Hindu, Jewish, and Islamic law shows that maxims function both as a basic tools for legal interpretation and as distillations of substantive legal principles applicable to many cases. Maxims are characterized by their unquestionable character, even though it is often easy to demonstrate contradictions between them. As a result, legal maxims seem linked to the recurrent desire for law to have a moral foundation. Although maxims have lost their purchase in most contemporary jurisprudence and legal practice, categories such as “canons of construction,” “legal principles,” and “super precedents” all show similarities to the brief and limited collections of maxims in older legal traditions. The search for core ideas underlying the law thus continues under different names.

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