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By C. W. Maris

a. 'Two issues fill the brain with ever new and lengthening admiration and awe, the oftener and the extra progressively we give some thought to them: the starry heavens above and the ethical legislation inside. ' therefore Kant formulates his angle to morality (Critique of useful cause, p. 260). He attracts a pointy contrast among those items of admiration. The starry sky, he writes, represents my courting to the traditional, empirical international. ethical legislations, nevertheless, is of a very diversified order. It ' . . . starts off from my invisible self, my character, and indicates me in an international which has actual infinity, yet that is traceable basically by way of the knowledge and with which I figure that i'm now not in a in basic terms contingent yet in a common and worthwhile connection (. . . ). ' (p. 260). So Kant sees morality as a separate metaphysical order against the area of empirical phenomena. people belong to either worlds. in line with Kant, the character derives not anything of price from its courting with the empirical international. His half within the sensuous global of nature locations guy on a degree with any animal which prior to lengthy needs to supply again to the remainder of nature the components of which it really is made.

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Additional resources for Critique of the Empiricist Explanation of Morality: Is there a Natural Equivalent of Categorical Morality?

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The philosophers of natural law take it as read that a supernatural order of eternal and absolute legal norms is revealed in the legal consciousness. This metaphysical order is called 'natural law' because, according to the philosophers of natural law, it is based on human nature. Yet 'nature' here does not mean empirical nature, but man's 'true' nature - his essence - the part of him which distinguishes him from the animals, and which is related to a supernatural rational order. This essential nature forms the higher part of the human personality, and is therefore a norm for empirical human nature at the same time.

And can they demonstrate why this is desirable, without offering a mere expression of their own emotional attitude? b. The empiricist school in the philosophy of law, which is the most interesting with respect to these questions, is called 'Scandinavian Realism'. This empiricist school only came into being in the twentieth century, and opposes a much older idealistic tradition. It rejects the'idealistic approach as metaphysical, and regards itself as the first scientific branch of legal philosophy.

At this time, natural law systems were being constructed which were worked out down to the last detail. This resulted in a split between law and morality. Natural law had always had a moral character and was on a level with morality. But the detailed construction of an ideal order of specific norms alongside positive law, from which, moreover, the individual could derive 'natural rights', lent a special juridical character to its normative validity. In the nineteenth century, schools of law arose which rejected the natural law doctrine as metaphysical, like Ross, and which concentrated on factual law.

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