Immanuel Kant
Philosopher
Rechtsstaat
Rechtsstaat (German: Rechtsstaat) is
a doctrine in continental European legal
thinking, originally borrowed
from German jurisprudence.
It is a "constitutional state" in which the
exercise of governmental power is constrained
by the law.
the power of the state is limited in order to
protect citizens from the arbitrary exercise
of authority.
IMPORTANT PRINCIPLES OF
RECHTSSTAAT
The state based on the supremacy of national constitution and exercises
coercion and guarantees the safety and constitutional rights of its citizens
Civil society is equal partner to the state (the Constitution of the Republic
of Lithuania describes the Lithuanian nation as "striving for an open, just,
and harmonious civil society and State under the rule of law (Legal State)
Separation of powers ,with the executive, legislative and judicative
branches of government limiting each other's power and providing for
checks and balances
The judicature and the executive are bound by law (not acting against the
law), and the legislature is bound by constitutional principles
Both the legislature and democracy itself are bound by elementary
constitutional rights and principles
To say, for example, that the law is to serve God means that
the law is dependent on interest in God. This cannot be the
basis for any universal moral law. To say that the law is to seek
the greatest happiness of the greatest number or the greatest
good, always presupposes some interest in the greatest
happiness, the greatest number, the greatest good, and so on.
Kant concludes that the source of the nomological character
of the moral law must derive not from its content but from
its form alone. The content of the universal moral law,
the categorical imperative, must be nothing over and above
the law's form, otherwise it will be dependent on the desires
that the law's possessor has. The only law whose content
consists in its form, according to Kant, is the statement:
Kant then argues that a will which acts on the practical law
is a will which is acting on the idea of the form of law, an
idea of reason which has nothing to do with the senses.
Hence the moral will is independent of the world of the
senses, the world where it might be constrained by one's
contingent desires. The will is therefore fundamentally free.
The converse also applies: if the will is free, then it must be
governed by a rule, but a rule whose content does not
restrict the freedom of the will. The only appropriate rule is
the rule whose content is equivalent to its form,
the categorical imperative.
To follow the practical law is to be autonomous, whereas to
follow any of the other types of contingent laws
(or hypothetical imperatives) is to be heteronomous and
therefore unfree. The moral law expresses the positive
content of freedom, while being free from influence
expresses its negative content.
JUDGEMENT
The good is essentially a judgment that something is ethical the
judgment that something conforms with moral law, which, in the Kantian
sense, is essentially a claim of modality a coherence with a fixed and
absolute notion of reason. It is in many ways the absolute opposite of the
agreeable, in that it is a purely objective judgment things are either
moral or they are not, according to Kant.
The remaining two judgments - the beautiful and the sublime - occupy a
space between the agreeable and the good. They are what Kant refers to
as "subjective universal" judgments. This apparently oxymoronic term
means that, in practice, the judgments are subjective, and are not tied to
any absolute and determinate concept. However, the judgment that
something is beautiful or sublime is made with the belief that other
people ought to agree with this judgment - even though it is known that
many will not. The force of this "ought" comes from a reference to a
"sensus communis" - a community of taste. Hannah Arendt, in
her Lectures on Kant's Political Philosophy, suggests the possibility that
this sensus communis might be the basis of a political theory that is
markedly different from the one that Kant lays out in the Metaphysic of
Morals.