Marcelo C. Galuppo, PUC Minas; Universidade Federal de Minas Gerais; University of Baltimore School of Law, has published How Law Replaced Morals – A Kantian Contribution. Here is the abstract.
Although most scholars try to conceive Immanuel Kant`s Theory of Law and his Moral Theory as belonging to a systematic point of view, there is a difficulty that challenges most of the interpreters: If there is a moral content that informs how positive Law should be enacted, why Kant says that civil disobedience and resistance to it cannot rationally be allowed? This apparent incongruence acquires another significance when one considers the functional and structural differences that Kant establishes between Law and Morals. If we take them seriously into account we will realize that Kant operates a radical separation between Morals and Law, which can no longer derives its content from Morals, but instead looks for an increasingly more political foundation in Modernity.
Although most scholars try to conceive Immanuel Kant`s Theory of Law and his Moral Theory as belonging to a systematic point of view, there is a difficulty that challenges most of the interpreters: If there is a moral content that informs how positive Law should be enacted, why Kant says that civil disobedience and resistance to it cannot rationally be allowed? This apparent incongruence acquires another significance when one considers the functional and structural differences that Kant establishes between Law and Morals. If we take them seriously into account we will realize that Kant operates a radical separation between Morals and Law, which can no longer derives its content from Morals, but instead looks for an increasingly more political foundation in Modernity.
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