Kant's Thoughts On The Relation Between Morality And Law

It is of great importance to understanding Kant's legal philosophy and respond to the question of the relation between law and morality to research Kant's thoughts on the relation between law and morality. Kant's thoughts on the relation between law and morality is a key to open the door of his legal philosophy and a good point of depart to research the relation between law and morality.As a philosopher, Kant' s philosophy places a great premium on the sense of living.Especially in the era of Newton's mechanics and other natural sciences overwhelming philosophy and religion as well as controlling people's thoughts,such ontological thoughts reprensent more era sense.Kant discussed the relation between morality and law under the notice of living sense.Law is not only art,means,which is practical rules technically,but pure practical reason according to the philosopher. Law is related to marality.Kant did not equaled morality to law but viewed morality as the reason and end of law while differentiating morality and law.The writter suggests that is the central propositionThe writter will prove this proposition in the ways of systemism and language analysis,both of which could draw the same conclusion yet dependent and prove the counterpart each other.In the second part of this thesis, the writter makes a suggestion that freedom is the highest theme of Kant's philosophy including legal philosophy.Freedom means positive freedom that is free will or morality.Morality(or free will) corresponding with happiness is called highest good,which is the last end of this world.However,the realization of highest good also dependent on moral theology,which is not the theme of my thesis. So the writter regards freedom(morality) as the highest theme of Kant's philosophy,because is there no freedom,happiness and highest good are impossible as well.Only in the intelligible world beyond this one can be realized the real freedom.The lowest world is sensual world and the legal world is the bridge between the other worlds.Legal world is a central conception through systematically analyzing Kant's teleological philosophy of history.The theory of "the Three Worlds" is a conclusion through systematically examinating and proving Kant's teleological philosophy of history and the important clue of understanding the relation between morality and law and Kant's legal philosophy.Directed by this clue, the writter proves Habermas' propositions,which are that Kant deducted the conception of right a priori through limitting moral law.For the conception of right is deducted from moral law a priori, the legal order derived from the conception bases on the moral order,which makes it possible for the legal world transmitting to the intelligible world.Language analysis proves the rationality of "the three world " so as to prove the central proposition of morality being the reason and final end of law.The success of proving this proposition can provide law with a higher end.Laws are not only the technical rules distributing interests among people but also an important condition for transmitting to morality.Laws are permeated with care for human being' s exist.