Accessibility / Report Error

Sobre o princípio e a lei universal do Direito em Kant

The present paper distinguishes two formulas of the principle of Right in Kant; it shows that in one of them (the Universal Principle of Right) the principle is expressed as a principium diiudicationis and in the other (the Universal Law of Right) as a principium executionis of what we consider to be right; it scrutinizes difficulties involved in both formulations, in particular the basis for definition of what is considered right and the prescriptive force of the Universal Law of Right; and it proposes a solution based on the consideration that juridical laws are for Kant a sub-class of moral laws and on the concept of a moral authorization (facultas moralis) of doing what is morally permissible or mandatory and of not doing what is morally forbidden.

Concept of Kant’s Right; Moral Laws and Juridical Laws; Moral Authorization; Principle of Right; Prescriptive Force

Faculdade de Filosofia e Ciências Humanas da UFMG Av. Antônio Carlos, 6627 Campus Pampulha, CEP: 31270-301 Belo Horizonte MG - Brasil, Tel: (31) 3409-5025, Fax: (31) 3409-5041 - Belo Horizonte - MG - Brazil