DAVE, Jose Carell (1F) Immanuel Kant

DACUAN, Danielle Grace (1F) The Principle of Rightness: Transcendental Philosophy

He was an 18th-century German philosopher from the Prussian city of Konigsberg. He was the last influential philosopher of the classic period of the theory of knowledge. Is one of the foremost figures in philosophy and jurisprudence.

the precepts of the natural law are the telos that the legal order must strive to achieve or attain

Principle of Rightness One of his most prominent works is the Critique of Pure Reasons, an investigation into the structure of reason. His other main works are the Critique of Practical Reason, which concentrates on ethics, and the Critique of Judgment, which investigates aesthetics and teleology.

the precepts of the natural law are not prompted by sense-experience but by ethical attitude to do what is right and avoid what is wrong with the application of the unique faculties of human consciousness, namely, thinking, volition and judgment (unique capacity for moral choice) Critical Analysis of Practical Reason y deals with the capacity of willing or determining something y volition y attitude leading to action in accordance with reason, not on the basis of the physical sense Critical Analysis of Judgment

Transcendental philosophy

earning or understanding determined by the mind itself. It is pure knowledge and NOT gained by or through sense experience.

Critical Analysis of Pure Reason y deals with the capacity for knowledge

deals with the capacity for discernment judgment decisions in conformity with right principles or ideals, not on the basis of the physical sense

Human Consciousness and Conduct

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Kant relied on Plato s concept of reality yielding only to human intelligence which he called ideas. The human mind has the capacity to construct or harmonize ideas and concepts even prior to experiencing them by the physical senses. Kant s transcendental philosophy is an intense reaction to the theory espoused by David Hume. For Hume, all knowledge is derived from observation or experience. David Hume

thinking knowledge derived from mental apprehension or cognition, not knowledge obtained through or upon direct use of the physical sense

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Immanuel Kant

People living in association with others can exert their free will only if they are able to act in accordance with the principle of rightness. Righteous person- one who can attain freedom from the arbitrary power of his or her physical senses.

His theory is based on transcendental philosophy.

His theory is based on skeptic philosophical tradition and empiricism. Human have knowledge only of things they directly experienced.

The Categorical Imperative

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Ideas and concepts can be formed in human mind and intellect independent of feelings and inclinations. (human intelligence)

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The application of the principle of rightness deals with the problem of determining when conduct and decisions are or are not injurious to others How may conduct and decisions be considered to be in accord with the principle of rightness with certainty? legal ought vs. ethical ought legal ought ethical ought y a matter of experiential y Involves moral motivation influence Kant employed the ethical ought because this standard involves moral motivation. The universal criterion Kant was trying to construct cannot come from any system of legal rules. Also, the universal criterion though not derived or proved empirically must nonetheless be related to human consciousness.

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Thus, the universal criterion of right conduct must not only be self-evident but also reasonable. Kant also realized that the universal criterion by which right from wrong or justice from injustice could be recognized must be absolute and obligatory. Conduct of lying 2 important questions: o May a person when in distress make a promise with the intention not to keep it? o Consideration of prudence aside, would such an act or conduct be in accordance with the principle of rightness? Would a person be content that the criterion of getting out of distress by false promises would hold good as a universal principle of right conduct? Contradiction: If lying becomes the universal criterion, then it would destroy all dependence on pledges and promises to give, to do or not to do something. Promises would then be worthless and would not be believed anymore, anywhere. That would indeed be intolerable.

GOLDEN RULE OF JESUS CHRIST: Therefore, all things whatsoever ye would that men should do to you, do ye even to them for this is the law and the prophets. DAVID, Sheigla Nerie (1G) The Metalegal Basis of Law Immanuel Kant s Theory of Law is based on his Transcendental Philosophy. It must be understood that the knowledge is relative to self-experience, if it is otherwise, human beings will not be able to concur with each other. Kant further said that a law, to be an effective means of social control, must be based on the a priori precepts of Natural Law. A priori means knowledge before experience. Natural law affects social control through:

The vacuous imperative to do well and avoid evil. All human beings possess a basic knowledge of the principles of the natural law.

Universal criterion of right conduct:

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Categorical- one with its own unequivocal merit, valid and good in itself, which all the people would know at once without reference to subsequent experiences or conditions Imperative- compulsory and mandatory

The Nature of Law tacitly says that an individual can act freely when a person strives for the Ethical. Kant s Ethics: a. Reason and Freedom - Reason seeks to have complete knowledge that would take it beyond those limits. Freedom is an idea of reason that serves an indispensable practical function. Without the assumption of freedom, reason cannot act. b. The Duality of the Human Situation - The actions of a purely rational being, by contrast, are in perfect accord with moral principles. There is nothing in such a being s nature to make it falter. Its will always conforms to the dictates of reason. Humans are between the two worlds. Human beings are both sensible and intellectual. c. The Good Will - The will is the faculty of acting according to a conception of law. Goodness cannot arise from acting on impulse or natural inclination, even if impulse coincides with duty. It can only arise from conceiving of one s actions in a certain way d. Duty - We have seen that in order to be good, we must remove inclination and the consideration of any particular goal from our motivation to act. Laws of nature cannot be contradictory. The possession of rationality puts all beings on the same footing. The principle of rightness and the categorical imperative is the foundation of the law:

Thus, Kant called his one and only universal criterion of right conduct the categorical Imperative and expressed it in this wise: All persons living in society must act in such a way that the maxim or cause of their conduct and decisions would become the maxim of a universal law. y According to Kant, this binding rule of right conduct may be expressed by analogy with the natural law as follows: Act as if the principle of your action were to become by your will a universal law of nature. y *A person living in society must avoid conduct and decisions which if they become universal would render the socio-legal order intolerable. DE DIOS, Kennex (1G) 2 POINTS FOR TELEOLOGICAL JURISPRUDENCE:

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The philosophy of the natural law should seek the level of humanity. Notions of human freedom and demands of moral duty.

Kant has corrected and clarified the ancient teaching of the precepts of the natural law through: 1. The principle of Rightness 2. The Categorical Imperative

Everyone should be aware of his/her duty, or how one ought to act. This assumes rationality. Rationality may also be applied to those things that are not done from duty, or perhaps evil. Freedom must be assumed to fulfil moral obligation. The categorical imperatives are a set of commands to direct our will. These apply to all people and commands conduct immediately, without having any other purpose or conditions. It is categorical because of its application to all rational beings and imperative because it's the principle by which one should act.

RUDOLF STAMMLER: No conduct or decision can be approved as right, just, fair, and equal, which if it became widespread, would destructive of the free will of the other members of society and of law in general. Every conduct or decision is natural by the principle of rightness and the categorical imperative.