U źródeł filozoficzno-prawnych rozważań Immanuela Kanta

Abstract

The main purpose of this article is a presentation of Immanuel Kant as a philosopher of law. You can find some Information about place and role of Kant's views on law in his philosophical system. There are some of his works mentioned in this context. The philosophy of law seems to be a supplement of Kant's transcendental philosophy, descri bed in his three Critics (especially in the practical part). The starting point of Kant's thoughts was placed not in the metaphysic, but in the theory of perception. As a consequence, it led to acknow- ledgement of primate of practical intellect on theoretical one. The core construction in Kant's legał views is making a distinction between sphere of being and sphere of duty. The sphere of duty is the most important not only from the point of Kant's theory of perception, but also from the point of the theory of law and theory of virtue, described in the Metaphysics of Morality. Basing on this distinction, Kant analyzed notion of law, morał ław, natural law (which was separated from the rules of naturę) and statutory law. He was looking for the beginnings of modern branches of law: civil, penal, public international law \— in the statutory law. He was trying to define their purposes and values. In this context we should observe Kant's views on "state of purposes" and "eternal peace". Both of these ideas seem to be still actual and they should be taken into consideration during law making process.