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فلسفة القانون عند كانط “بين الحق الطبيعي والحق الوضعي”
https://doi.org/10.23918/ilic9.53
Keywords: Philosophy of law, natural law, positive law, Kant, state.
PROCEEDINGS OF 9th INTERNATIONAL LEGAL ISSUES CONFERENCE
Faculty of Law, Tishk International University
Date:27-28. February 2025
Venue: Kurdistan Region- Erbil, Iraq
ISBN: 979-8-9890269-3-7
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Hamlaoui Mehtour
University 20 august 1955 – skikda (Algeria)
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Abstract
Philosophy has established itself as a form of critical and comprehensive intellectual inquiry from its very inception. It has accompanied human experiences across various realms metaphysical, rational, ethical, social, and political. Philosophy is marked by both theoretical and practical dimensions. Within its practical scope, the philosophy of law and the philosophy of ethics emerge, operating within the broader philosophical framework. Nevertheless, the philosophy of law only came to be recognized as a distinct field in the modern era.
The importance of discussing the philosophy of law lies in its role as a bridge between law and philosophy. It is often confused with the science of law. Moreover, the philosophy of law has been a subject of debate between natural law theorists and legal positivists. Some argue that the role of law is to affirm, delineate, and protect natural rights, while others contend that it is limited to safeguarding agreed-upon rights. In this context, our discussion aims to introduce the philosophy of law and place it in its proper context, focusing on one of the prominent modern philosophers, Immanuel Kant, who is considered by some to be the greatest philosopher of his era. We will address several central questions, including: What is the concept of the philosophy of law? How does it differ from the science of law? What is Kant’s understanding of law and its purpose? How does Kant view the relationship between law, the state, and international society with natural and positive rights?
Through a thorough and analytical approach, we conclude that Kant regarded natural rights particularly freedom as the highest of all rights, making their protection the primary objective of law. He proposed that the organization of the state and international society should be based on the protection of natural human rights and the reconciliation of individual freedoms through laws established by the collective will of the people.