Rechtsphilosophie der Aufklärung

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This collection explores the intersections of legal philosophy and Enlightenment thought, beginning with an introduction to the subject. It delves into the concept of the natural state in Enlightenment legal philosophy and examines Hume's contributions to legal justification. The Scottish Enlightenment's legal philosophy is analyzed alongside discussions of human rights and the evolution of rights theories during the late Enlightenment. The relationship between moral law and legal statutes is scrutinized, particularly in Kant's work and that of early Kantian thinkers. Kant's critical rejection of revolutionary rights is addressed, alongside the role of practical reason in his legal theory. Various methods of justification in Kant's legal thought are explored, particularly in contract law, and the concept of dignity is examined within the context of Enlightenment criminal law philosophy. The justification of legal coercion and criminal punishment in Kant's framework is discussed, highlighting the contrast between Kant and Bentham's perspectives on legal imperatives. The collection concludes with reflections on the ideal republic as envisioned by Ernst Gottlob Morgenbesser, providing a comprehensive overview of significant themes and debates in Enlightenment legal philosophy.