Kant Between Jusnaturalism and Legal Positivism: The Grouding and the Structure of Law

Abstract

This work outlines Immanuel Kant's (1724-1804) philosophy of law, discussing its framing within jusnaturalism or legal positivism. Hence, it analyzes the contrast between the grouding of law in Kant, strongly marked by the idea of freedom as legitimizing the state and the legal order, and its structure, characterized by formalism, by logical rigor, by the exaggerated importance of enforcement and by the remaining of the validity of the order even when it goes against the idea of justice that sustains it (denial of right of resistance).

Keywords

• Kant
• Filosofia do direito
• Estado
• Liberdade
• Jusnaturalismo
• Positivismo