Compatibility of the moral foundation of Law in Kant with the theory of reflective judgment and the Kantian theory of revolution
| Autor | Maria Lucia de Paula Oliveira |
| Páginas | 571-584 |
Special Workshop: Kant’s Concept of Law • 571
Compatibility of the moral foundation of Law
in Kant with the theory of reective judgment
and the Kantian theory of revolution
Maria Lucia de Paula Oliveira
Abstract: The Arendtian interpretation of the political philosophy of Kant con-
siders the aesthetic theory of judgment, as formulated by the Philosopher in the
Critique of the Power of Judgment, as the true basis for his political philosophy.
For her, the Kantian theory of law is incompatible with the political philosophy
founded on the theory of reexive judgment. Considering the Kantian system
as a whole, it is possible (and indispensable) to combine the theory of law (that
presents the Universal Principle of Right as one of the more important concepts)
with the aesthetical theory of judgment, in its political dimension, as presented
in Arendt´s thought. The Kantian theory of revolution illustrates very well the
political dimension of an aesthetic judgment. The paradoxical relationship be-
tween Kant and the French Revolution elucidates how it is possible to identify
an ethical dimension in the revolutionary process.
Keywords: Immanuel Kant. Judgment. Revolution.
One of the striking features of Kantian philosophy is his system-
atic concern. Thus, since the great issues of Kantian philosophy reect
his critical eort, it’s natural to expect that it gives undeniable aention
to justice and aesthetic issues as relevant parts of his philosophical sys-
tem. As long as the judgment of justice is a practical judgment, insert-
ing the system of law in the core of Kant’s pure practical philosophical
system, the aesthetic judgment will stem from a faculty called power of
judgment, which has a special status in Kant’s philosophy. They con-
stitute dierent aspects of the criticism (critique) of reason, making it
impossible to mix up these two very dierent kinds of judgment. Nev-
ertheless, in Kant’s political philosophy it’s possible to approximate aes-
thetics to law. Inside Kant’s theory of Revolution, we can nd a privi-
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