نوع مقاله : مقاله پژوهشی
نویسنده
دانشجوی دکتری فلسفه حقوق دانشگاه باقرالعلوم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Law is a concept that has a long history in western thought. Even with all of the intellectual-cultural upheavals that have taken place in the western world from ancient times till the modern era, it has always retained its importance and centrality [in the totality of knowledge]. In modern thought, law changed along with the fundamental changes that occurred in the relation between modern man and the world. This was such that the subject became the foundation of the world and everything else became the object of this subject. In this relation, law took on a new meaning. Better than anyone, Kant, one of the greatest philosophers of modern thought, depicted the concept of modern law under the topic of the relation of the subject with the world. According to Kant, with its subjective law, the practical intellect delineates the will. Thus, the intellect delineates and legislates. This delineation is the very concept of freedom in the modern interpretation of this term. Therefore, modern law is autonomous. In the creation of the practical law, it is necessary for the intellect to assume its existence. This understanding of the law is completely different from the common meaning of the term that is popular in our legal circles today. An analysis of it is important in the understanding of our relation with modern law, especially in the delineation of the place of law in foundations of religious thought.
کلیدواژهها [English]