Philosophy of Law Report
Philosophy of Law Report
Philosophy of Law Report
try to discover the principle according to which they are judged. When this criterion has been
found, we shall know what lies at the bottom of all morality and might then, if we choose, by
considering the nature of man and the conditions of life, deduce an ethical system, containing at
least the most general laws.
Moral relativism - is the view that moral judgments are true or false only relative to some
particular standpoint (for instance, that of a culture or a historical period) and that no standpoint
is uniquely privileged over all others. It has often been associated with other claims about
morality: notably, the thesis that different cultures often exhibit radically different moral values;
the denial that there are universal moral values shared by every human society; and the insistence
that we should refrain from passing moral judgments on beliefs and practices characteristic of
cultures other than our own.
Immanuel Kant - was one of the most influential intellectuals in the field of political
philosophy. Today, justice systems in democracies are fundamentally based on Kant’s writings.
The philosopher’s work provides a compelling account of a single set of moral principles that
can be used to design just institutions for governing society perfectly. The United Nations,
formed centuries after Kant’s first book was published, is largely based on his vision of an
international government that binds nation-states together and maintains peace.
Kant’s Definition of Morality - Kant's moral philosophy is deontological normative, rejecting
utilitarian ideas that the rightness of an action is determined by its outcome. He believes that
human beings, with their unique ability to reason, are different from other forms of physical
existence. Kant advocates for universal virtue, treating all humans as ends in themselves. He
believes that stealing is immoral regardless of circumstances and murder is wrong even in self-
defense. Kant also introduces the idea of respect as essential to humanity, different from
sentiments like love, sympathy, or altruism. This concept, known as the Formula for Humanity,
remains his least controversial formulation.
LAW AND MORALITY: A KANTIAN PERSPECTIVE - Kantianism is a key version of
the broader ethical perspective known as deontology. According to deontology, there are certain
absolute (or nearly absolute) ethical rules that must be followed This implies that certain actions
are absolutely prohibited.
In the modern day, deontology manifests itself in a focus on human rights—roughly, the idea
that there are certain things that must never be done to human beings, as such. Such rights are
typically thought of as being universal, applying to all persons everywhere, regardless of the
political or legal system under which they live.
In Moral Law, Kant argues that a human action is only morally good if it is done from a sense of
duty, and that a duty is a formal principle based not on self-interest or from a consideration of
what results might follow.
TIM
Groundwork of the Metaphysics of Morals
Kant's Groundwork of the Metaphysics of Morals aims to clarify the basic principle of morality.
Kant presents the basic principle of morality as the categorical imperative, which is the basis for
the moral law and source of rational duty. Kant's Groundwork of the Metaphysics of
Morals summary shows how acting out of respect for the categorical imperative and in
conformity with it is the only route to acting rationally and autonomously. Autonomy means
"freedom" in the sense of being self-determined. Moral autonomy means acting from one's own
reason, rather than letting the objects of one's desires determine one's actions.
Categorical Imperative: Laws of nature
Remember that the moral law, if it exists, has to be obligatory and universal. Therefore,
hypothetical imperatives—which hold true only if one accepts a certain end—could never serve
as the foundation of a moral law. Instead, the moral law-related imperative needs to be a
categorical imperative. All rational agents are subject to the categorical imperative, regardless of
their personal goals. The moral law would be provided by the categorical imperative, if we could
identify it.
How might the categorical imperative be expressed? It is evident that the specific goals people
choose to provide guidelines for their own behavior cannot serve as its foundation. There is only
one option left, in Kant's opinion, and that is for the categorical imperative to be predicated on
the idea of a rule itself. By definition, laws (or directives) are applicable to everyone. The
categorical imperative, which mandates that moral actors behave only in a way that the principle
of their will might become a universal law, is derived by Kant from this insight. The categorical
imperative does not produce a list of obligations by itself; rather, it is a test of suggested maxims.
Though Kant offers three distinct formulations of this broad assertion, the categorical imperative
is his overall exposition of the ultimate moral principle.
The Formula of the Universal Law of Nature
According to the first formulation, a course of action may only be considered morally acceptable
if it can be adopted by all agents without leading to any of two types of contradictions. One
should "act as if the maxim of your action were to become by your will a universal law of
nature," according to what is known as the Formula for the global Law of Nature. A suggested
maxim may not satisfy this condition in one of two ways.
Contradiction in conception - First, in a world where one's proposed maxim is
universalized, one may come into a situation where it becomes impossible. Let's say, for
instance, that someone in financial need makes it their mission to obtain a loan by falsely
promising to repay it. The institution of promise-making would be shattered if everyone adhered
to this idea since no one would believe someone else when they made a promise. But
universalizing this principle damages the fundamental institution of promise-making, which is
the foundation of the maxim of lying to get a loan. Since the maxim cannot possibly be conceived
of being universal, Kant refers to this as a "contradiction in conception".
Contradiction in willing - Second, if a universalized maxim contradicts something that
rational agents necessarily will, it may lead to what Kant refers to as a "contradiction in
willing," which is a contradiction that fails. For instance, someone may live by the dictum that
you should never assist those who are in need. Kant, however, believes that every agent must
occasionally want for assistance from others. The agent cannot, therefore, will that his or her
maxim be followed by everyone. What Kant refers to as a perfect duty is broken when an attempt
to universalize a maxim leads to a conceptual contradiction. If it results in a contradiction in
willing, it violates what Kant calls an imperfect duty. Perfect duties are negative duties, that is
duties not to commit or engage in certain actions or activities (for example theft). Imperfect
duties are positive duties, duties to commit or engage in certain actions or activities (for
example, giving to charity).
It is commonly assumed that when Kant states in the Groundwork that perfect responsibilities
never permit exceptions for the sake of inclination, he means that imperfect duties do permit
exceptions for the sake of inclination. Nonetheless, Kant contends that imperfect obligations
simply permit flexibility in how one chooses to carry them out in a later work titled The
Metaphysics of Morals. According to Kant, we have obligations to others as well as to ourselves
that are both perfect and defective.
Kant comes at the Formula of Humanity, the second formulation of the categorical imperative,
by taking into account the categorical imperative's driving principle. The moral law requires an
absolute worth as its motivating premise since it is both essential and universal. If we could
discover something that is so absolute—that is, an end in and of itself—that would be the sole
basis for a categorical imperative. "A human being and generally every rational being exists as
an end in itself," according to Kant. Treating others as simple means to our own purposes is a
perfect responsibility. The equivalent imperative, the Formula of Humanity, mandates that "you
use humanity, whether in your own persona or in the person of any other, always at the same
time as an end, never merely as a means." Kant does, however, believe that we have an imperfect
obligation to further humanity's welfare. For instance, treating someone's rational nature as
merely a means to an end—such as getting money—by making a false promise to them is an
example of treating them unfairly. Thus, this is a transgression of an ideal obligation. On the
other hand, it is conceivable to neglect charitable contributions without viewing another person
as merely a means to an end; but, in doing so, we fail to further humanity's goal and so breach an
imperfect responsibility.
KTINE
The Formula of Autonomy and the Kingdom of Ends
Both the Formula for the Universal Law of Nature and the Formula for Humanity provide
valuable information that the Formula of Autonomy borrows. While the Formula of Humanity is
more subjective and focuses on how you treat the individual you are interacting with, the
Formula for the Universal Law of Nature asks you to consider your maxim as though it were an
objective law. The Formula of Autonomy asks the agent to consider what universal law they
would accept, combining the subjectivity and objectivity of the two. In order to accomplish this,
he or she would compare their moral principles to the moral code they have enacted. "The
principle of every human will as a will universally legislating through all its maxims" is the
definition of the Principle of Autonomy.
Kingdom of ends - Kant believes that the Formula of Autonomy yields another “fruitful
concept,” the kingdom of ends. The kingdom of ends is the “systematic union” of all ends in
themselves (rational agents) and the ends that they set. All ends that rational agents set have a
price and can be exchanged for one another. Ends in themselves, however, have dignity and have
no equivalent. In addition to being the basis for the Formula of Autonomy and the kingdom of
ends, autonomy itself plays an important role in Kant's moral philosophy. The ability to establish
morality for oneself, or to be its legislator, is what is meant by autonomy. Heteronomy, which is
defined as having one's will dictate by external factors, is contrasted with autonomy. Kant holds
that autonomy is the sole foundation for a non-contingent moral norm because alien powers
could only determine human acts contingently. Kant thinks his forebears failed in their attempts
to distinguish between the two: all of their theories were heteronomous. Kant has now painted a
picture for us of what, should there be a universal and necessary law, it would look like. He
hasn't yet demonstrated, though, that it exists or that it pertains to us. That is Section III's task.
Conclusion
Kant's moral philosophy focuses on the "good will" as the only intrinsically valuable good. He
distinguishes between acting in conformity with duty and acting from duty, stating that only one
action has moral worth. Duties are principles that guide our actions, and Kant distinguishes
between hypothetical and categorical imperatives. Hypothetical imperatives are directed by
certain goals or interests, while categorical imperatives are necessary and always binding.
Kant's moral theory has three formulas for the categorical imperative. Formula one states that we
ought to act in a way that the maxim of our act can be willed a universal law. If the maxim
cannot be universalized, that act is morally off limits. Formula two states that we ought to treat
humanity (self and others) as an end and never as a mere means. This entails treating all persons
with respect and dignity, helping others achieve their goals when possible, and avoiding using
them as tools or objects to further our own goals.
Formula three states that we act on principles that could be accepted within a community of other
rational agents. The third formula, "the kingdom of ends," moves us from the individual level to
the social level.
In summary, Kant's moral philosophy emphasizes fairness and the value of the individual,
focusing on reason, autonomy, and logical consistency. Absolute duties, which are binding
regardless of desires, goals, or outcomes, are also offered as an objective sense of morality.