Kant's philosophical perspective on fundamental topics in public law

Articles in Press

Document Type : Original Article

Authors

1 Master of Supervision and Inspection Management, University of Judicial Sciences and Administrative Services, Tehran, Iran

2 Faculty member of Public and International Law Department, Judiciary and Administrative Services University, Tehran, Iran.

10.22081/phlq.2024.68210.1048

Abstract

One of the prominent Western philosophers named Immanuel Kant has presented opinions on various philosophical topics in his books. His theoretical and practical philosophies have had a significant impact on legal thinking. However, his political ideas need to be organized in order for his philosophy of law to become structured and coherent. Kant's philosophy of law can be obtained from his various teachings and notes. The present study aims to demonstrate, using a descriptive-analytical method, the philosophical proportionality of Kant with fundamental public law topics such as government and freedom. The result of the research indicates that Kant considers public law as a set of laws that create a legal situation deserving of their universal extension. According to him, the government is a tool for enforcing rights in the service of preserving freedom, an institution that can guarantee public rights. Therefore, the government must establish its legitimacy by establishing important and fundamental principles such as the republican system, attention to the representative system, social contract, separation of powers principle, and attention to both internal and external freedom, meaning attention to Cosmopolitan Law in order to move towards securing public interests. Therefore, it can be inferred that his political philosophy is inseparably linked to the philosophy of public law, and there is a theoretical relationship between them. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

Keywords

Journal of Philosophy of Law

Articles in Press, Accepted Manuscript
Available Online from 23 November 2024

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History

  • Receive Date: 28 December 2023
  • Revise Date: 16 August 2024
  • Accept Date: 23 November 2024

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