La repubblica kantiana. Un modello di costituzione

Revista: Teoría política
Número: 3 - 2013- Nuova serie
Fecha: 30-06-2013
Autor: Fabrizio Cattaneo
Precio: 5.00 Euros

Resumen: In this paper it is argued that the strength of Kant’s political theory lies on the proposal of a model of political constitution —the republic— which is proper to man as moral person. In the context of philosophy in cosmopolitan sense, that is, directed to the interests of man, Kant develops the concept of republic as an ideal political constitution, «useful» to man as promotes the development of his noumenal moral nature. Thus Kant’s ideal of republic may be taken as a model, or touchstone, also for current political constitutions. This argument is presented in this paper by means of an analysis of the relationship between morality and ideal political constitution, as it results from the (re)construction of the concept of republic, and from Kant’s own assertions concerning his «principle of publicity» in Appendix II of Perpetual peace. With regard to the first aspect, it is argued that the conceptual structure of Kant’s idea of republic can be articulated in three distinct but interdependent dimensions: 1) government per leges, 2) the normative idea of law, 3) the democratic form of government. Each of these three dimensions has a specific relationship with morality. Dimension of government per leges has a positive character as it is directed to the sovereign (princeps), who by virtue of the political constitution inspiring his actions, will pass laws according to the regulative idea of public will, that is, in conformity with moral imperatives. Dimension of the normative idea of law has a negative character as it is directed to subjects (populus), ensuring that no obstacle is posed to the cultivation of their own moral nature. Third dimension of Kant’s idea of republic joins the other two and adds the element of (political) autonomy, construed as rational (and thus moral) formation of public will. With regard to the second aspect, it is highlighted that Kantian idea of republic represents a model of constitution which, by means of its particular juridical architecture, tends toward the conciliation of politics and morality, applying the principle of publicity for the creation and control of collective decisions, to which it will thus be possible to attribute the assumption of rationality and morality.

Palabras clave: Republic. Constitution. Ethics. Democracy. Transparency (Principle of Publicity). Rule of Law.


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