Determining and Reflective Judgments: Two Approaches to Understanding Legal Decisions
Determining and Reflective Judgments: Two Approaches to Understanding Legal Decisions
Author(s): Diego Pérez LasserreSubject(s): Epistemology, Logic, German Idealism, Philosophy of Law
Published by: Tallinna Tehnikaülikooli õiguse instituut
Keywords: determining judgments; legal decisions; Kant; reflective judgments;
Summary/Abstract: This article examines legal judgments in light of the two ways that, according to Kant, the Power of Judgment operates. After analyzing both uses of this faculty, it justifies that legal decisions can be considered as a type of reflective judgments, but not as exemplary as the ones treated in the Critique of the Power of Judgment—namely, the aesthetic and teleological.
Journal: Acta Baltica Historiae et Philosophiae Scientiarum
- Issue Year: 7/2019
- Issue No: 3
- Page Range: 23-41
- Page Count: 19
- Language: English