Lex iusti, lex iuridica und lex iustitiae in Kants Rechtslehre

• Autores: B. Sharon Byrd, Joachim Hruschka
• Localización: Archiv für Rechts-und Sozialphilosophie, ARSP, ISSN 0001-2343, Vol. 91, Nº 4, 2005, págs. 484-500
• Idioma: alemán
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• Resumen

  • In connection with his discussion of the three Ulpian formulae, Kant introduces three "leges," namely the "lex iusti," the "lex iuridica," and the "lex iustitiae," which he then defines in § 41 of the Doctrine of Right. The three "leges" correspond to the attributes "right," "juridical," and "established as right." These three attributes in turn relate to the possibility, the reality, and the (material) necessity of our rights and juridical duties. The three "leges" and attributes have certain consequences for the division of public justice, public justice being constitutive of the juridical state, into "iustitia tutatrix," "iustitia commutativa," and "iustitia distributiva." This article provides a comprehensive account of all these concepts from § 41 of the Doctrine of Right. It also explains what until now has seemed to be a rather cryptic comment Kant makes at the end of his discussion of the Ulpian formulae regarding internal and external legal duties, and those legal duties that contain the derivation of the external legal duties from the principle of the internal legal duties through subsumption. Indeed the article provides the key to understanding the entire Doctrine of Right from a totally new perspective.