The Kantian model of the state under the rule of law

• Authors: Karol Kuźmicz
• Languages of publication: EN

Abstracts

EN

From a theoretical point of view, the Kantian model of the state under the rule of law is very close to modern solutions. The only serious difference is connected with Kant’s view on democracy which was not supported by him as it was, for example, by Jean Jacques Rousseau. On the other hand, one cannot be certain that Kant opposes democracy. What is more, he was never in favor of absolutism, even that enlightened one. In his concept the most significant was the rule of the republican system to come true which was understood by him in a specific way, as a system based on law, the principle of constitutionalism; the division of power with a special consideration of freedom of the press (media today) and protection of basic civil rights and freedoms as basic human rights. As captured by Kant, a history of mankind is a history of freedom. Therefore, the idea of freedom strictly connected with law was the foundation on which Kant built his practical philosophy. That connection gave way to the whole Kantian apologia of law. One can notice his rationalism, universality and an unconditional order to follow it as an imperative. Hence, Kant’s “kingdom of ends” constitutes an archetype of the state under the rule of law. An individual and his rights are the most important element there.103 In this context an individual, who does not respect another individual, is deprived of the respect for the law since in “the kingdom of ends” it is every single individual that is the end in himself.

• Publisher: Sciendo
• Journal: Studies in Logic, Grammar and Rhetoric
• Year: 2009
• Issue: 19(32)
• Pages: 13-32

Contributors

author

Karol Kuźmicz

• University of Bialystok