Legal Argumentation: Subsumption, Fitness, and Weight
Subsumption, Fitness, and Weight will be the way of framing the event or situation where the rule or to apply the rule to the factual circumstances before us. We are talking about a formal conception of legal arguments; there is more; there is still a legal argument, but it is necessary that the legal arguments are properly structured (formal). The form of this argument depends on the area; the argument will vary. We focus on the legal argument, although improving the formal argument of laws is
Read MoreThe Enlightenment and Rousseau: Liberty, Nature, and the Social Contract
The 17th Century: The Age of Enlightenment
THE ILLUSTRATION (17TH CENTURY) THE CENTURY OF LIGHT: Along the 17th century, European countries experienced unprecedented optimism and confidence in human capabilities. This was largely driven by the bourgeoisie, but the Enlightenment was a long and complex process, rooted in the Renaissance intellectual euphoria, the rationalism of Descartes, and English empiricist thought. Enlightened countries used symbolic expressions, such as the metaphor of light,
Read MoreKant: Science, Metaphysics, and the Limits of Knowledge
Kant: Conditions of Science and Metaphysics
Analyzing the Limits of Knowledge
Immanuel Kant’s Critique of Pure Reason analyzes the limits of our knowledge of reality. He compares the advancements of modern science with the stagnation of metaphysics.
Metaphysics grapples with questions crucial to humanity. Kant sought to determine whether metaphysical claims could be supported by scientific knowledge. His approach involved identifying the conditions that enabled the success of mathematics and physics,
Read MoreA Survey of Metaphysical Systems: From Plato to God
12 Main Features of Plato’s Metaphysics
According to Plato, two realities exist: material reality and the World of Ideas. Material reality, perceived through the senses, is subject to change. It is a copy of Plato’s World of Ideas, which is abstract and immutable.
13 Main Features of Aristotelian Metaphysics
Reality, for Aristotle, is substance. If something possesses natural substance, it causes its own motion and evolution. Thus, sense-perceptible things are real, unlike Plato’s view. To explain
Read MoreKant’s Philosophy: A Critical Examination of Reason and Knowledge
Kant’s Turnaround
Kant describes the transformative nature of his philosophy, drawing an analogy with the Copernican revolution. In astronomy, Copernicus’s shift from an Earth-centered to a sun-centered model revolutionized our understanding of celestial motion. Similarly, Kant argues for a revolution in philosophy.
Prior philosophical thought viewed the knowing subject as passive, with the object of knowledge influencing the subject to create a faithful representation of reality. This explains empirical
Read MoreKant’s Theory of Law: A Rational Approach to Legal Legitimacy
KANT:
Kant provides a rational theory of law, embodied in Kantian universalism. We cannot rely on an empirical definition of law, as this would simply reflect the legal profession’s practices. The definition cannot be derived from observing positive law, but only from the concept of right itself.
Logical elements forming Kant’s definition of Law (3 + 1):
- Intersubjectivity: The concept concerns the external relationship between means. Law’s intersubjective nature is key.
- Relationship between means: