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The Kantian Concept
Immanuel Kant
A German philosopher born in Königsberg inEast Prussia on April 22, 1724.He entered the University of Königsberg, wherehe studied philosophy, mathematics, and thenatural sciences under a young instructor namedMartin Knutzen, who first introduced him to the philosophy of Gottfried Wilhelm Leibniz andChristian von Wolff His philosophy is essentially a "criticism", because it is an examination of knowledge, and"transcendental", because its purpose inexamining knowledge, is to determine the a priori, or transcendental, forms.
Two Periods of Kant’s Literary Activity
Pre-Critical PeriodKant, taught the philosophy then prevalent in Germany, which wasWolff's modified form of dogmaticrationalism.Apparent contradictions which he foundto exist in the physical sciences, and theconclusions which Hume had reachedin his analysis of the principle of causation, "awoke Kant from hisdogmatic slumber"Starting from the year 1770, Kantshowed his tendency of forming anindependent philosophy and he spentthe following years in preparation for his first major work considered in hiscritical period, which is, the “Critiqueof Pure Reason”Critical PeriodIt will be found most convenient todivide the study of Kant's critical philosophy into three portions:
1.
"Critique of Pure Reason"2."Critique of Practical Reason“3."Critique of the Faculty of Judgment""Critiques" -- so named because, in thetrue sense of the word, "to criticize"means to discuss and judge.Kant's entire work is a carefulexamination and judgment of Rationalism and Empiricism, with aview to determining the merits anddeficiencies of the two.
Human Consciousness and Conduct
Kant reached back to Plato's concept of realityKant indicated that the nature of his philosophicthought goes beyond the realm of senseexperienceideas and concepts can be formed and organizedin the human intellect independently of feelingsand inclinationsFor Kant, Hume's idea is not pure knowledge butonly experimental knowledge"there is, therefore, a priori knowledge"
The Principle of Rightness
Precepts of natural law are the
telos
that the legalorder should strive to attainPrecepts of the natural law are not prompted bysense-experience but by the ethical attitude to dowhat is right and avoid what is wrong with theuse of the unique faculties of humanconsciousness, namely: thinking, volition and judgment
Critique of Pure Reason
Kant teaches that there is another type of  judgment called synthetic a priori.For the formation of any synthetic a priori judgment it is necessary to have form and matter.The form is given by the intellect, independentof all experience, a priori, and signifies thefunction, manner and law of knowing and acting,
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which the subject finds in itself prior to allexperience.The matter is the subjective sensations which wereceive from the external world.This work is divided into three parts:
Transcendental Aesthetic – 
investigatesthe elements of sensible knowledge inreference to a priori forms of space andtime
 Transcendental Analytic
– an inquiryinto intellectual knowledge
Transcendental Dialectic – 
has for itsobject that reality which lies beyondour experience; namely, the essence of God, man and the world
Critique of Practical Reason
Kant makes the universality and necessity of themoral law dependent, not on the empirical actand the end that we might intend in our actions, but on a categorical imperative, in the will itself."Duty for duty's sake"Among all the imperatives that can determinethe will to action it is necessary to distinguishthe hypothetical from the categoricalHypothetical imperatives - impose acommand in order to attain an end andare hence conditioned on that end.Categorical imperatives - imposethemselves automatically.Only categorical imperatives enjoy universalityand necessity, and hence only they can be thefoundation of morality.
Critique of Judgment 
Both the Critique of Pure Reason and theCritique of Practical Reason have established adualism -- of phenomenon (knowable by thesenses) and noumenon (thing in itself), of thesensible and suprasensible, the conditional andunconditional, mechanical necessity and liberty.Kant maintains that such a synthesis is possiblethrough the judgment of sentiment, the study of which he presents in the Critique of Judgment.In the Critique of Judgment Kant presents onlytwo reflecting judgments -- that which arisesfrom the finality of nature (teleological), and thatwhich is called aesthetic.Teleological Judgement-creative activity of naturedevelops itself in a successive series of  phenomena connected with one another mechanically, that is, through the laws of causality.-this teleological view, in whichwe consider the world of beings and of events as ordained to an end andultimately to our spiritual exigencies,finds its reason in sentiment and not inthe intellect.Aesthetic Judgement-we judge an object to be pleasurable-begins by our separating theobject from every determined conceptand from every practical interest, and by referring the object thus freed to thesubject-the object of an aesthetic judgment is the "form" of the objectconsidered in itself and referred to thesubject-In becoming aware of aesthetic pleasure, the subject (ego) feels himself free of any theoretical or practicalinterest; he feels himself to be one, a person, the subject of spiritual activity.How and Why Something May be Considered Moral“Everyone must admit that a law, if it is to holdmorally, i.e., as a ground of obligation, mustimply absolute necessity; he must admit that thecommand, “Thou shall not lie,” does not applyto men only, as if other rational beings had noneed to observe it. The same is true for all other moral laws properly called.”Morality exists a priori.Morality is the unconditional ought.Application of Kant’s Principle of RightnessDeals with the problem of determining whenconduct and decisions are or are not injurious toothers.“How may conduct and decisions be consideredin accord with the principle of rightness withcertainty?”It is unsound to deal with the problem relating principle of rightness with conduct and decisions by relying on the empirical nature of sense-experience.Principles of natural law would not be bindingon all rational persons at all times.Kant relied on the “ethical ought” rather than onthe “legal ought.”
 
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Universal CriterionMust be absolute and obligatory.It can never be hypothetical nor tentative.Hypothetical v Categorical Imperative
Categorical Imperative
ImperativeA command.It commands people to exercise their wills in a particular way, not to performsome action or other.CategoricalPeople possess rational wills.Without reference to any ends theymight or might not achieve.A test or method of determination on whether or not a specific act is considered to be morallyright, morally wrong or somewhere beyondmoral realm.“Act only on that maxim whereby thou canst atthe same time will that is should become auniversal law.”In order for an act to be categoricallyimperative, it must be thought to begood in itself and in conformity toreason.Whether or not a person can“universalize” his actions.Whether others would act in accordancewith the same rule in a similar circumstance.It commands each individual to regard him asdetermining, by its decision to act in a certainway. That everyone (including himself) willalways act according to the same general rule inthe future. No person would accept a proposal that wouldcontradict itself.It is an impetus whether an act is moral or not.
The Conception of Rightness
Right has regard only to the external and practical relation of one person to another, in sofar as they can have influence upon each other ,immediately or mediately , by their actions asfactsThe conception of right does not indicate therelation of the action of an individual to the wishof the mere desire of another , as in acts of  benevolence or of unkindness, but only therelation of his free action to the freedom of action of the other In this reciprocal relation of voluntary actions,the conception of right does not take intoconsideration the matter of act of will in so far asthe end which any one may have in view inwilling it, is concernedKant on the Golden RuleKant states that what he is saying is not the sameas the Golden Rule; that the Golden Rule isderived from the categorical imperative withlimitations. That, under the Golden Rule manythings cannot be universal.aaa
Metalegal Basis of Law
A Priori v A PosterioriKant distinguishes between
a priori
knowledge,which is based on reason, and
a posteriori
knowledge, which is based on experience.
 A priori
knowledge may be pure, if it has noempirical element, or impure if it has anempirical element.
 A priori
truths are logicallynecessary truths, while
a posteriori
truths areempirical, contingent truths.
 A priori
judgmentsare characterized by logical necessity and bystrict universality.
 A posteriori
judgements arenot characterized by logical necessity or byabsolute universality.Transcendental AestheticsThe beginning of knowledge is in sensibility, inthe reception of sensations. In order to constitute
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