phD.Student of Philosophy of Law, University of Baqir al-Ulum
Abstract
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.
کوفمان، والتر (1395). کشف ذهن،گوته، کانت، هگل. ترجمه ابوتراب سهراب، فریدالدین رادمهر. چاپ چهارم. تهران: نشر چشمه.
منتسکیو، شارل لوئی دوسکوندا (1393). روح القوانین (ج1). ترجمه علی اکبر مهتدی. چاپ سیزدهم. تهران: امیرکبیر
Guyer, Paul (2007). The Cambridge Companion to Kant and Modern Philosophy. England: Cambridge University Press.
Kant, Immanuel (2013). An answer to the question: ‘What is enlightenment?'. Penguin England: Books.
--------------------- (2006). Groundwork of the Metaphysics of Morals. Translated and Edited By Mary Gregor. England: Cambridge University Press.
--------------------- (1996). Practical Philosophy. Translated and Edited By Mary Gregory. England: Cambridge University. Press.
--------------------- (1991).The Metaphysics of Morals. Trans. by Mary Gregor. England: Cambridge University Press.
--------------------- (1958). Critique of Pure Reason. Trans by Norman Kemp Smith. New York: The Modern Library Press.
--------------------- (1909). Critique of Practical Reason. Trans. TK Abbott. New York: Prometheus Books.
Schneewind, J. B. (1999). Autonomy, obligation, and virtue: An overview of Kant's moral philosophy. In: The Cambridge Companion to Kant. Edited by Paul Guyer. England: Cambridge University Press.
)