칸트의 실천철학의 기초―자율성과 사회계약론을 중심으로

On the Basis of Kant’s Practical Philosophy―Focusing on Autonomy and Social Contract

초록

Through his practical philosophy, Kant shifted the paradigm of morality ‘from substantial ontology to subjective morality’ and from ‘morality as obedience to morality as autonomy’. Autonomy as the core principle of Kant’s practical philosophy is based on the ​​transcendental idea of freedom that is a postulate of practical reason. Under this idea of ​​freedom the moral and legal principles of ‘autonomy’ and ‘universality’ perform the role in determining the will. In the realm of the state and the laws concerning the external freedom the fundamentality of freedom and the independency of law must be maintained. Kant’s concept of moral autonomy in the modern context has been converted into the diverse conceptions of ​​individual-personal autonomy related mainly to Mill’s liberalism. The Kantian legitimacy of the state and of the laws derives from idea of original contract of all. This concept enables the various interpretations. One of them depends on natural law theory and the other on social contract theory. The elements of reason, autonomy, and universality as the Kantian basis of the state and the laws comprise of the social contract theory of Rousseau and Rawls. Especially Rawls reconstructs these elements into the principle of procedural justice and political liberalism.

키워드

KantRousseauRawlsautonomysocial contract칸트루소롤즈자율성사회계약
제목
칸트의 실천철학의 기초―자율성과 사회계약론을 중심으로
제목 (타언어)
On the Basis of Kant’s Practical Philosophy―Focusing on Autonomy and Social Contract
저자
임미원
DOI
10.22286/kjlp.2019.22.3.006
발행일
2019-00
저널명
법철학연구
22
3
페이지
191 ~ 224

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