Acerca del método crítico-trascendental y su aplicación en la filosofía kantiana del derecho

Abstract

In this paper we intend to analyse the central thesis developed in the Metaphysical Principles of the Doctrine of Right (1796), in order to emphasise the importance of the critical-transcendental method (used in the Critic of pure Reason to solve important epistemological problems) in the kantian Philosophy of Right. The specific juridical problems developed in the Doctrine of private Right and the Doctrine of public Right (both included in the Principles) are developed through an appeal to the practical reason-understood as a legalistic reason. The doctrine of propriety (Private Right) and the concepts of original contract and general will, which support the kantian grounding of political authority (Public Right), invoke the concept of practical idea to solve theoretical difficulties in their treatment.