“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 Hume’s (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 attitudeFaculties of human consciousness: 1.Thinking2.Volition3.Judgment

1. Capacity for Knowledge2. Capacity for willing or determining

something3. 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 conductReasonable -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

Kant’s 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.”