Hegel’s Concept of Right
Loading...
Date
2022-07-28
Authors
Advisor
Editor
Journal Title
Journal ISSN
Volume Title
Publisher
UAM
Title alternative
Zum Begriff des Rechts bei Hegel
Abstract
This article examines the foundations for the legitimacy of law from the perspective of Hegel’s philosophy. In a first step, Kant’s justification of law is discussed, as Hegel takes the Kantian model as a central point of (critical) reference. Then, in the Section 2, I discuss Hegel’s reasons for rejecting the main strategies of justification of the legal order: natural law, contractarianism and legal positivism. This is further followed by a discussion of the meaning and scope of Hegel’s contextualism, according to which there can be no practical normativity without a certain historical embedding. Finally, I describe a more traditional met-aphysical reading (supported among others by Kevin Thompson) that I consider to be the correct solution, contrasting it with Honneth’s theory of recognition and Bran-dom’s pragmatism.
Description
Sponsor
Keywords
Hegel’s concept of the right, justification of law, natural law, contrac-tarianism, positivism
Citation
Ethics in Progress, 2022, Volume 13, Issue 1, s. 24-40.