Kant on Legal Positivism and the Juridical State

Kant Yearbook 13 (1):73-105 (2021)
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Abstract

In this paper I argue that Kant’s political and juridical philosophy justifies a type of normative legal positivism that implies specific notions of law and legal freedom which determine and restrict the sphere of action of judges and jurists. Finally, I defend that, according to Kant’s practical philosophy, the normative connection between justice and law is not supposed to be carried out at the juridical level, as a meta-juridical theory, but at the political one, making it a meta-political theory.

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J. Theodore Klein
University of Massachusetts, Boston

References found in this work

Justice for hedgehogs.Ronald Dworkin - 2011 - Cambridge: Belknap Press of Harvard University Press.
Law and disagreement.Arthur Ripstein - 2001 - Philosophical Review 110 (4):611-614.
The core of the case against judicial review.Jeremy Waldron - 2006 - Yale Law Journal 115:1346-1406.
The Pure Theory of Law.Hans Kelsen & Max Knight - 1968 - Philosophical Quarterly 18 (73):377-377.

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