Rechtsphilosophische Elemente in Kants Kritik der Urteilskraft (Elements of Legal Philosophy in Kant's Critique of Judgment)

Abstract

Kant's third critique is dedicated to the so-called "reflective power of judgement". And although he applies this special form of judgement to aesthetics and biology in this work, it is also a rich resource for the legal sciences. In this contribution, I would like to mine this treasure and discuss the extent to which this power of judgement can support the application of norms and thereby the practical maturing of lawyers. Likewise, Kant's concept of the sublime plays a role in law, in the form of legal consciousness, a sense of republicanism, and ultimately in the sometimes problematic area of the rules of humanitarian warfare. However, law also expresses itself through the so-called "common sense" (sensus communis), which is characterised by communicability, relationality and adaptability - all qualities that law also claims for itself. Finally, I examine the role of teleology and teleological interpretation in law, which is supposed to lead to a peaceful global cosmopolitanism through a hope for progress.

Note: Downloadable document is in German.

Keywords: judgment, Kant, law, sublimity, public spirit, teleological interpretation