The ethical and philosophical antinomy of foundations of Kant’s theory of family law

Abstract

The present paper focuses on the ethical and anthropological foundations of Kant’s philosophy of family law conceived as a “personal right that is real in kind”: the possibility of possessing a person as a property item presets the antinomy of moral and legal principles, which reproduces the conflict between Roman naturalistic legal theory and the contractual philosophy of natural law. The author also considers the ways to overcome this antinomy, as well as ensuing solutions to the problems relating to the legal foundations and the subject of family law.

Keywords

• person
• personality
• personal right that is real in kind
• humanity right
• possession
• matrimony
• family
• moral substance