Kants Theorie der Abwägung

• Autores: Fiete Kalscheuer
• Localización: Archiv für Rechts-und Sozialphilosophie, ARSP, ISSN 0001-2343, Vol. 99, Nº 4, 2013, págs. 499-505
• Idioma: alemán
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• Resumen

  • This paper aims to show that Immanuel Kant's discussion of imperfect moral duties contains the rudiments of a theory of balancing conflicting norms. Of particular interest are the similarities in comparison with the most important of such theories in the 20th Century, Robert Alexy's jurisprudential theory of balancing. Both theories are anchored in the norm-theoretical distinction between rules and principles, that is the distinction between perfect and imperfect duties. Collisions of principles, i.e. collisions of imperfect duties, occur in the dimension of weight. Regarding this, both Alexy and Kant develop a Law of Balancing according to which it is possible to determine by means of balancing a relation of precedence between the conflicting norms for each specific case at hand.