Ethics and law in Kant’s views: the principle of complementarity

an article by Tetiana Pavlova, Roman Pavlov and Oleksandra Kolomoichenko (Oles Honchar Dnipro National University, Ukraine) and Elena Zarutska (University of Customs and Finance, Dnipro, Ukraine) published in International Journal of Ethics and Systems Volume 34 Issue 4 (2019)

Abstract

Purpose
The purpose of this study is to consider the complementarity of ethics and law with regard to the problem of their common existence in society through the identification of common and different characteristics in the philosophy of I. Kant.

Design/methodology/approach
This study is based on the observation that in modern society ethics and law remain the main social regulators and their co-existence requires the definition of their interaction and complementarity. Also, as this problem is closely related to issues of freedom and obligation, it is necessary to show their role in ethics and law.

Findings
The results show that the complementarity of ethics and law is due to the obligation that unites them, and the categorical imperative is the only postulate of ethics and the rights to execute, which allows a person to always remain worthy of his name. Ethics also has the meaning of legal capacity, and law means the recognition of people moral independence by public authorities. Thus, the law must protect a person not only from arbitrariness on the part of other people but also from the state power.

Originality/value
This paper uses a philosophical approach, the utility of which is that ethics and law are studied as elements of normative regulation system of the society in terms of the phenomenal and noumenal nature of a man. It is proposed to consider ethics and law not only as different social regulators, which have their own specifics but also as complementary elements of a single social being, which should exist together and not attempt to substitute one another.

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