Deontološka filozofija prava

Barišić, Mislav. (2017). Deontološka filozofija prava. Diploma Thesis. Filozofski fakultet u Zagrebu, Department of Philosophy. [mentor Čović, Ante].

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Abstract

This paper considers the concept of the deontological philosophy of law. It starts by determining the concept of law and it’s necessary relation to the state, after which it exposes the legal philosophy of the founder of deontology, the German philosopher Immanuel Kant. An overview of his derivation of the philosophy of law from pure concepts of the mind: practical rules, laws, justice and freedom with special emphasis on duty. Next we examine his views on the division of the legal system, his legitimation of the concept of property within the private law and the right of the state to punish within the public law. Subsequently the paper considers the work of one of the most important contemporary philosophers of law, Ronald Dworkin and his main works. A special emphasis is put on the relation between values and law and on the possibility of an objective truth in morals in law. To conclude, we show how one can view Dworkin’s philosophy of law as a deontological philosophy.

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