Notas sobre a efetividade da doutrina kantiana do direito

Cadernos de Ética E Filosofia Política 17:172-187 (2010)
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Abstract

In this article we assume that the kantian a priori juridical-political theory can be reconstructed according to the a priori synthetic satisfiability proof theory, initially declared in Kritik der reinen Vernunft and extended to practical domain in Kritik der praktischen Vernunft. In particular, it is assumed that the aim to prove that synthetic judgments, such as “this object of external usage is mine”, can a priori invigorate in private law and public law in general – from the determination of their possibility conditions in the executable actions domain by the free human agent – was carried out in Metaphysische Anfangsgründe der Rechtslehre. In what concerns the demonstration of the effectiveness of the law a priori synthetic judgments Kantian theory, i.e., to decide which juridical proposals actually invigorate or not, accepted that this work was not treated on a systematic way by the philosopher Königsberg. There are fragments, spread through many works. Therefore, the task to be developed in this article, aiming to present a field of effectiveness to the law doctrine, is to organize (synthetically) Kant´s statements about politics as a law doctrine exercise, according to the proof theory problems from the a priori synthetic proposals in general

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Fabio Cesar Scherer
Universidade Estadual de Londrina

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