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It is a "constitutional state" in which the exercise of governmental power is constrained by the law, [6] and is often tied to the Anglo-American concept of the rule of law. Kant's political philosophy has been described as liberal for its presumption of limits on the state based on the social contract as a regulative matter. [7]
The Legal state concept is based on the ideas, discovered by Immanuel Kant, for example, in his Groundwork of the Metaphysic of Morals: “The task of establishing a universal and permanent peaceful life is not only a part of theory of law within the framework of pure reason, but per se an absolute and ultimate goal.
It states that an action can only be moral if it is motivated by a sense of duty, and its maxim may be rationally willed a universal, objective law. Central to Kant's theory of the moral law is the categorical imperative. Kant formulated the categorical imperative in various ways.
In the period of the eighteenth century, usually called the Enlightenment, a new justification of the European state developed.Jean-Jacques Rousseau's social contract theory states that governments draw their power from the governed, its 'sovereign' people (usually a certain ethnic group, and the state's limits are legitimated theoretically as that people's lands, although that is often not ...
The typical dichotomy in choosing ends is between ends that are right (e.g., helping someone) and those that are good (e.g., enriching oneself). Kant considered the right prior to the good; to him, the latter was morally dependent on the former. In Kant's view, a person cannot decide whether conduct is right, or moral, through empirical means.
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
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Aristotle's main notion is that the ancient Greek polis, or city-state, is the natural end of human beings; they start in family groups, progress naturally to forming villages, and finally come together in cities. Thus, the family forms the root of human relationships, but the city is the flower.