O dever jurídico no pensamento de Immanuel Kant

Abstract

This dissertation deals with the concept of legal duty in Kant, developing a study from three aspects, namely the origin, the distinction and the application. Initially, the focus of work is the foundation of moral duties in general, so the goal is to highlight and clarify the concept of the categorical imperative as the supreme principle of moral(ity) for men, rational beings who are sensitive. Secondly, the focus is the distinction between legal obligations and duties of virtue, which are products of the determination of the will over free will. When the determination is of pure will of the subject themselves on the maxims of the will, so the law is ethical and the duty is due, but only the form of agency is determined and such determination is performed by the unified will of the people, then the legislation is legal and duty is legal. In the third and final time, the focus is the applicability, that is, the legal duty in the judicial from theory to praxis. At this point the aim is to understand the legal concepts of practical reason, law and coercion capacity, from that, understand the applicability of legal duty under two distinct optical, namely through the moral metaphysics way and through historical-anthropological of unsocial sociability. By analyzing these three points, it can be infered that the legal duty, the thought of Immanuel Kant, is the need for legality and morality as initial assumption, so that men first approach of legality, when they leave state of nature and enter into the marital status, toward morality, through a process of ethical standards within the Republican state of right. In this way, the legal duty expresses in the name of morality, the need for men to join marital status and at the same time, the need for such state be Republican, and at the same time in which the unified will of the people, which is irresistible, be to enact laws and source of all public law.