Justiça em Kant

Abstract

This dissertative work focuses on the conceptual analysis of justice in the thinking of Immanuel Kant (1724-1804), especially in the works: Groundwork of the Metaphysic of Morals in its first chapter, and The Metaphysics of Morals, mostly, the Doctrine of Law in the second and third chapters. The research will be developed from the analytical methodological approach and will consist mainly of a review and bibliographical research about the relationship between morality, ethics and law. It will investigate whether or not moral grounds the right, as well as, in which the law differs from morality (Ethics). From the context and main features of Kant's ethics, more specifically, the key piece of his practical philosophy, the categorical imperative, as the supreme principle of morality, for the distinction of moral and law, and in particular, and the Kantian idea of law as the real possibility of a community of free beings. In this way, the quest for the nature of the existing relations between the sphere of morality and law within the framework of Kantian philosophy will be undertaken, in order to understand how the legitimacy of the coercive exercise of juridical norms is sustained as an element of justice, of delimitation of arbitrariness and the presupposition of a rational social coexistence, starting from the analysis of some main ideas such as: freedom, moral law, imperatives, autonomy of the will. In this context it will seek to establish the definition of law in Kant, to verify whether legal laws have a prescriptive force, and whether they consist in a subclass of moral laws. Finally, it will try to approach the relationship between law and justice, and, especially, what Kant's conception of justice is.