Published June 11, 2015
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L’horizon transcendantal du droit selon Kant
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Kant has found the pattern of his critical philosophy in the jurisdictional process. In the Rightslehre (1796), he uses his critical method and, to answer to the question Quid juris?, he examines the categories and concepts of law ( in occidental thought, but without interrogation upon the British Common Law ). He explains that, before the critical Court of reason, the “transcendental deduction” discovers the rational and pure Idea which is the a priori principle of law. But as all the “Ideas of reason”, this sublime Idea of law does not belong to our world. Then, it is necessary to-day to revise the notion of “transcendental” and to transform the structures of our reason.
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