scholarly journals PHILOSOPHY OF IMMUNIL KANT'S LAW ON REGULARITY HISTORICAL AND LEGAL PROCESS

2019 ◽  
Keyword(s):  
Civil Society ◽  
Natural Law ◽  
Legal History ◽  
Philosophy Of History ◽  
Legal Philosophy ◽  
Legal Process ◽  
Legal Form ◽  
History Of ◽  
History Of Law ◽  
Natural Law Theory

Immanuel Kant’s philosophical system is one of the most difficult and improved in history of philosophy. The thinker placed a special attention to problems of legal philosophy and philosophy of history, first of all, philosophy of history of law and state. Kant considered the process of legal history on natural law theory positions. He raised the question of the necessity of the searching of the regularities in the developing of law and state and the applying of events of history of law and state. The thinker determined the providing of human freedom and social freedom as the direction of historic and legal process. The establishment of legal civil society is a legal form of the achieving this.

[320]Some Features of the History of Natural Law

2019 ◽  
pp. 304-334
Author(s):  
Alf Ross
Keyword(s):  
Natural Law ◽  
Historical Evolution ◽  
History Of ◽  
Natural Law Theory ◽  
Characteristic Features ◽  
Unbroken Line ◽  
Modes Of Thought

This chapter considers some features of the historical evolution of natural law in order to promote understanding of what actually characterizes natural law thinking as it is known today. It traces the history of natural law back to around 700 BC to demonstrate how natural law theory has essentially remained the same. Its characteristic features are certain modes of thought and expression which in all its phases—magical, religious, and philosophico-metaphysical—are radically different from scientific ones. There is an unbroken line from the magical-animistic belief of primitive man, over dogmatic theology to the great philosophico-metaphysical systems. The principal idea behind all manifestations of this line of thought is a fear of existence and its powers, and the impulse to seek refuge and safety in something absolute.

Reassessing Hurst: A Transatlantic Perspective

2000 ◽  
Vol 18 (1) ◽  
pp. 215-222
Author(s):  
David Sugarman
Keyword(s):  
Legal History ◽  
Sleeping Beauty ◽  
Law And Society ◽  
History Of ◽  
History Of Law ◽  
Growth Industry

Today, the history of law and society has become an exciting growth industry. But just a couple of decades ago this possibility would have seemed implausible. Indeed, when Willard Hurst became professor of law in Madison in 1937, modern legal history was, to put it kindly, dead. Reviving this moribund discipline required more than imagination and an acute awareness of the point and nature of law. Sleeping Beauty had to be woken with a kiss, and Hurst surely brought a serious, tenacious passion to his vocation. Through exhortation, inspiration, and sheer determination, he attempted to resuscitate a huge domain.

Historical Research in Law

2005 ◽  
Author(s):  
David Ibbetson
Keyword(s):  
Legal History ◽  
Social Economic ◽  
Historical Research ◽  
Legal Institutions ◽  
Legal Process ◽  
Legal Rules ◽  
Rules And Principles ◽  
History Of ◽  
The Law

Legal history is by no means a unitary discipline. A convenient and conventional division can be made between ‘internal’ and ‘external’ legal history. The former is the history of lawyers' law, of legal rules and principles. Its sources are predominantly those that are thrown up by the legal process: principally statutes and decided cases, supplemented where possible with lawyers' literature expounding the rules and occasionally reflecting on them. The latter is the history of the law in practice, of legal institutions at work in society rather than legal rules existing in a social, economic, and political vacuum. This article discusses the historical foundations of legal historiography, the professionalization of legal history, internal legal history, and external legal histories.

Natural Law and Public Reason in Kant's Political Philosophy

1996 ◽  
Vol 26 (3) ◽  
pp. 389-411 ◽  
Author(s):  
Daniel M. Weinstock
Keyword(s):  
Political Philosophy ◽  
Social Contract ◽  
Natural Law ◽  
Public Reason ◽  
The State ◽  
Legal Philosophy ◽  
The Social ◽  
Human Good ◽  
Natural Law Theory

My intention in this essay will be to explore the role that consent-based arguments perform in Kant's political and legal philosophy. I want to uncover the extent to which Kant considered that the legitimacy of the State and of its laws depends upon the outcome of intersubjective deliberation. Commentators have divided over the following question: Is Kant best viewed as a member of the social contract tradition, according to which the legitimacy of the state and of the laws it promulgates derives from the consent of those people over whom it claims authority, or should he be read as having put forward a secularized version of natural law theory, according to which the state and its laws are legitimate to the extent that they are attained by standards of sound reason and supported by an objective account of the human good?

scholarly journals KANT’S CATEGORICAL IMPERATIVE AND AQUINAS’ NATURAL LAW THEORY: A CRITICAL AND COMPARATIVE ANALYSIS

2020 ◽  
Vol 2 (9) ◽  
pp. 01-13
Author(s):  
Ejeh Paulinus C.
Keyword(s):  
Comparative Analysis ◽  
Immanuel Kant ◽  
Natural Law ◽  
Categorical Imperative ◽  
Thomas Aquinas ◽  
Ethical Philosophy ◽  
Critical Comparison ◽  
History Of ◽  
The Subject ◽  
Natural Law Theory

This paper titled: “Kant’s Categorical Imperative and Aquinas’ Natural Law Theory: A Critical and Comparative Analysis”, is an attempt towards a better understanding of the compatibility or otherwise, that may exist between the works of the two great minds in the history of philosophy-Thomas Aquinas and Immanuel Kant. The paper aims at a critical comparison of the basic premises of Kant’s and Aquinas’s ethical philosophy, intending to find similarities and dissimilarities as well as compatibility or incompatibility between them. This paper adopts a conceptual clarification of our discourse and engages in an analytic, critical exposition, and appraisal of the subject matters.

Hegel’s Philosophy of Law

2017 ◽  
Author(s):  
Thom Brooks
Keyword(s):  
Significant Influence ◽  
Natural Law ◽  
Common Law ◽  
Legal Philosophy ◽  
Philosophy Of Law ◽  
Novel Theory ◽  
Natural Law Theory ◽  
The Common ◽  
Law And Morality ◽  
Legal Theorist

Hegel was neither a lawyer nor primarily a legal theorist, but his writings make a significant influence to the understanding of legal philosophy. Nevertheless, there is disagreement about where Hegel’s importance lies. This chapter argues that Hegel’s philosophy of law is best understood as a natural law theory. But what is interesting about Hegel’s view is that it represents a distinctive alternative to how most natural law theories are traditionally conceived. Hegel’s philosophy is remarkable for providing an entirely new way of thinking about the relation between law and morality than had been considered before. It is the distinctiveness of his legal philosophy that has rendered so difficult a categorization into standard jurisprudential schools of thought. There is little that is standard in Hegel’s innovative understanding of law. This has importance for other areas of his thinking, such as his novel theory of punishment and understanding of the common law.

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