نوع مقاله : مقاله پژوهشی
نویسندگان
1 کارشناسی ارشد، گروه مدیریت نظارت و بازرسی، دانشگاه علوم قضایی و خدمات اداری، تهران، ایران
2 استادیار، گروه حقوق عمومی و بین‌الملل، دانشگاه علوم قضائی و خدمات اداری، تهران، ایران.
چکیده
کلیدواژه‌ها
عنوان مقاله [English]
نویسندگان [English]
The aim of the current research is to critically investigate and compare Kant's philosophy with the fundamental issues of public rights in Kant's philosophy, including State and Freedom. The research method hired here is descriptive-analytical and the results finally have depicted that for Kant, the idea of law is a fundamental part of his political philosophy. Law was considered as a concept representing the principle of validity in his regards. Therefore, Law is preconceived as a concept of the human mind so that such
a concept cannot be inferred from any external experience. Instead, the human mind discovers it as a necessary condition without which nothing can be properly explained
or understood. Although, “Law” is known by different names and lexicon in different branches of philosophy. Regarding the foundations of State legitimacy from Kant's point of view, it can be elaborated that Kant's desired political system, as he referred it to a republic, as system that is based on the former principles of wisdom such as freedom, independence and equality, moreover, the laws and the issue of their legitimacy in this system are under a decisive position, which has a deep connection with the concept of right that arose from Kant's moral philosophy. The system of representation and the principle of separation of powers are two other basic components of Kant's republican system, which along with the constitution tries to keep the political society safe from tyranny and protect the principles of freedom, equality and independence. Thus, according to Kant’s idea, laws and principles
of public law are all a means guaranteeing the freedom and rights of individuals
from the “State”. Laws aforementioned, are also effective in realizing a fair and complete administration within a state. In this context, Kant supports the form of the republic in the Constitution. In the context of securing freedom at the level of international relations,
Kant assigns duties to the government and states so such type of freedom should be corresponded according to the political laws of a republic state based on crucial political elements. The freedom mentioned, outside the borders is called universal rights. In general, Kant's political philosophy is compatible with the acceptance of various types of
laws. Emerging from natural rights, moral, political, and international rights, including international rights, are holistically and theoretically related to each other.
کلیدواژه‌ها [English]
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