Act as if the principle of

your action were to

become by your will a
universal law of nature.
-The Philosophy of Law

Transcendental philosophy
there is,

[therefore],

a priori knowledge

Key to the solution of any

metaphysical problem-

That the human mind is capable of forming

and harmonizing ideas and concepts

independently of experience or consequence

valid for all rational individuals at all times in all

places
Guides to human actions and conduct

As against Humes (1711-1176) theory of

knowledge (sense experience)

1.

The Principle of Rightness

Precepts of natural law
are the telos that the legal order must strive to
achieve or attain
Not prompted by sense-experience but by ethical
attitude

Faculties of human consciousness:

1. Thinking
2. Volition
3. Judgment

1.
2.
3.

Capacity for Knowledge

Capacity for willing or determining
something
Capacity for Discernment
It is the righteous person who can
attain freedom from the arbitrary
power of his or her physical senses

2.

The Categorical Imperative

How may conduct and decisions be
considered to be in accord with the
principle of rightness with certainty?
Universal binding rule
Ethical ought, not legal ought

Universal criterion of right conduct

Reasonable Absolute and obligatory; compulsory,

mandatory Categorical -

On the conduct of lying

Questions:

1.

May a person when in distress make a

promise with the intention not to keep it?

2.

Consideration of prudence aside, would

such an act or conduct be in accordance
with the principle of rightness

Would a person be content that the criterion of

getting out of distress by false promises would
hold good as a universal principle?

All persons living in

society must act in such
a way that the maxim or
cause of their conduct
and decisions would
become the maxim of a
universal law

Act as if the principle of

your action were to
become by your will a
universal law of nature.

2
Important
Points
for
teleological jurisprudence
1.Philosophy of natural law should
seek the level of humanity
(reiterated Aristotle)
2.Reconciled
the
inconsistent
notions of human freedom &
demands of moral duty
collective interests

Conduct and decisions which

are in accordance with the
principle of rightness and the
categorical imperative are truly
natural

Kantian principles echoes of the

GOLDEN RULE of Jesus Christ

Kants Theory of Law based on

transcendental philosophy not
sense experience
Law to be an effective social
control based on a priori
precepts of natural law

Principle of rightness and

categorical
imperative
foundation of the law

Implication:
An individual can act freely when
he or she strives for the ethical
if the intention is not to teach
virtue but only to teach what is
lawful, then, we need and ought
not to adopt the law as a guide for
our conduct.