Moral e direito em Kant

Abstract

This argumentative paper aims to examine the nature of the relationship between the spheres of morality and law in the context of Kant's philosophy in order to understand how the legitimacy of coercive exercise of legal rules is sustained, as justice element of delimitation of wills, and assumption of rational social life. The problem we intend to investigate concerns the extent to which there is a possible link between morality and law in the Kantian writings. In this perspective, the first chapter seeks to clarify the concepts of moral law, goodwill and imperatives as well as the notions of autonomy and heteronomy, these elements directly involved in the Kantian hypothesis of human adaptation necessary laws prescribed by reason, within the internal freedom . From then established conceptual basis, we seek to, in the second chapter, consider the proposal for a natural right (rational) as a set of a priori principles of pure practical reason intended to ensure the attainment of freedom in the sphere of externality. To do so, it examines the way in which it gives the construction of the Kantian concept of law and its respective universal principle, taking into account also the form from which establishes the relationship between freedom (external) and law, and the role of coercion. Once marked the two areas, we seek to, in the third chapter, further distinctions between the spheres of interiority and exteriority of freedom, and then evaluate the working hypothesis that sitteth upon the possibility of a connection between morality and law Kant. There are two main theses considered in research: i) the independence thesis and ii) the theory of dependency. The first is supported by the group of interpretations that affirm the separation between morality and law in Kant's thought, assuming coercion as a characteristic element of the right and not to bypass principle in relation to the categorical imperative. The second is supported by interpreters that understand Kant in a connection between morality and law, based on the devaluation of coercion element and an accentuation of the element of duty, by defending the derivation of the legal duties of Kantian moral theory and the derivation of principle of the right directly from the principle of morality. Explained the elements of these interpretations, takes place then at the end, consideration of the possibility of the link between morality and law, and the examination of the consistency of a possible dependence / derivation of a priori principles of the right to the principle of morality all in order to assess the extent to which gives the validity of the assumed hypothesis and points which support the eventual plausibility.