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A Kantian Position on The Relation Between The Concept of Law and The Idea of Justice

Mehmet Ruhi Demiray
Keele University
Mehmet Ruhi Demiray
Keele University

Abstract

The question whether the idea of justice is inherent to the concept of law is probably the most heated debate in political-legal philosophy. On the one part, there are legal-moralists who take an affirmative position; and, on the other hand, there are legal-positivists who argue that even if there is an idea of justice inherent to the concept of law, this is only a formal or minimal conception that is in no way a limiting-standard for the contents positive laws can take on. Having this seemingly inconclusive debate in the background, I will ask whether Kant`s Doctrine of Right brings forth an idea of justice that is inherent to the concept of law as a limiting-standard for the contents positive laws can take on –an idea which might be promising a way going beyond the otherwise inconclusive debate in legal philosophy.