Law Within the Bounds of the Sensible World, a Kantian Perspective
摘要
Law regulates the behaviour of human beings in their interaction with other human beings and the world around them. What Law can or cannot dictate is thus intimately related with the way we conceive our environment. In the present paper I explore the way Kant presents the path leading from sense data to the discursive conceptualization of that sense data, and from that conceptualization to the discursive conceptualization of a moral world—the kingdom of ends—or, more specifically, a juridical world—the civil state. The paper details how the categorical imperative, understood as a test of imperative categoricity, and the typic of practical judgment play a critical role in the thought process required for that conceptual movement. Thus framed, Law finds itself bound by limits imposed by the non-discursive data that allows us to interact with the sensible world, on one side, and by other co-existent conceptualizations of the way we interact with the world around us.