Abstract
In connection with his discussion of the three Ulpian formulae, Kant introduces three leges, namely the lex iusti, the lex iuridica, and the lex iustitiae, which he then defines in § 41 of the Doctrine of Right. The three leges correspond to the attributes right, juridical, and established as right. These three attributes in turn relate to the possibility, the reality, and the (material) necessity of our rights and juridical duties. The three leges and attributes have certain consequences for the division of public justice, public justice being constitutive of the juridical state, into iustitia tutatrix, iustitia commutativa, and iustitia distributiva. This article provides a comprehensive account of all these concepts from § 41 of the Doctrine of Right. It also explains what until now has seemed to be a rather cryptic comment Kant makes at the end of his discussion of the Ulpian formulae regarding internal and external legal duties, and those legal duties that contain the derivation of the external legal duties from the principle of the internal legal duties through subsumption. Indeed the article provides the key to understanding the entire Doctrine of Right from a totally new perspective.
Published Version
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