Kantian Constructivism in Legal Philosophy

September 3, 2014 - September 6, 2014
University of Glasgow

Glasgow
United Kingdom

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Panel on: Kantian Constructivism in Legal Philosophy


Panel Chairs: Reidar Maliks (University of Oslo) Ruhi Demiray (Keele
University and Kocaeli University)

Section: Kant and Kantian Constructivism in Moral and Political Philosophy
(organized by the ECPR Kantian Standing Group)

Section chairs: Sorin Baiasu (Keele University and University of Vienna) and
Alice Pinheiro Walla (Trinity College Dublin)

Political and legal theory is divided by two competing approaches, namely,
the family of positivist approaches based on moral scepticism or moral
indifferentism, and the family of ethical approaches based on substantive
normative values that their protagonists consider self-evident but others,
controversial. Dissatisfaction with the guidance these approaches could
provide in dealing with the political and legal problems of the societies of
contemporary world is a major reason for the recently raising interest in
Kantian Constructivism among political and legal theorists. For Kantian
Constructivism promises to provide a normative account of our political and
legal practices on the basis of ideas of Right and Public Reason without
falling into the pitfalls that approaches appealing to substantive normative
values are faced with. This panel is thus designed to discuss what insights
Kantian Constructivism brings about with regard to various dimensions and
instances of our political and legal practices, such as the legitimate scope
of legal regulation, the nature of legal obligation, juridical review over
legislation, the separation of powers, political rights, political
participation, and voting.

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