Econlib

The Library

Other Sites

Front Page arrow Titles (by Subject) arrow I.: Division of the Metaphysic of Morals as a System of Duties generally. - The Philosophy of Law: An Exposition of the Fundamental Principles of Jurisprudence as the Science of Right

Return to Title Page for The Philosophy of Law: An Exposition of the Fundamental Principles of Jurisprudence as the Science of Right

Search this Title:

Also in the Library:

Subject Area: Political Theory
Subject Area: Law
Subject Area: Philosophy
Topic: Property

I.: Division of the Metaphysic of Morals as a System of Duties generally. - Immanuel Kant, The Philosophy of Law: An Exposition of the Fundamental Principles of Jurisprudence as the Science of Right [1796]

Edition used:

The Philosophy of Law: An Exposition of the Fundamental Principles of Jurisprudence as the Science of Right, by Immanuel Kant, trans. W. Hastie (Edinburgh: Clark, 1887).

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


I.

Division of the Metaphysic of Morals as a System of Duties generally.

1. All Duties are either Duties of Right, that is, Juridical Duties (Officia Juris), or Duties of Virtue, that is, Ethical Duties (Officia Virtutis s. ethica). Juridical Duties are such as may be promulgated by external Legislation; Ethical Duties are those for which such legislation is not possible. The reason why the latter cannot be properly made the subject of external Legislation is because they relate to an End or final purpose, which is itself, at the same time, embraced in these Duties, and which it is a Duty for the individual to have as such. But no external Legislation can cause any one to adopt a particular intention, or to propose to himself a certain purpose; for this depends upon an internal condition or act of the mind itself. However, external actions conducive to such a mental condition may be commanded, without its being implied that the individual will of necessity make them an End to himself.

  • But why, then, it may be asked, is the Science of Morals or Moral Philosophy, commonly entitled—especially by Cicero—the Science of Duty and not also the Science of Right, since Duties and Rights refer to each other? The reason is this. We know our own Freedom — from which all Moral Laws and consequently all Rights as well as all Duties arise — only through the Moral Imperative, which is an immediate injunction of Duty; whereas the conception of Right as a ground of putting others under Obligation has afterwards to be developed out of it.

2. In the Doctrine of Duty, Man may and ought to be represented in accordance with the nature of his faculty of Freedom, which is entirely supra-sensible. He is, therefore, to be represented purely according to his Humanity as a Personality independent of physical determinations (homo noumenon), in distinction from the same person as a Man modified with these determinations (homo phenomenon). Hence the conceptions of Right and End when referred to Duty, in view of this twofold quality, give the following Division:—

lf0139_figure_002