Derecho, justicia y doble dimensión de la libertad. Un camino hacia Kant

Abstract

In this paper a brief approximation to the historic course of the relation between Law, Morality, and Politics is presented, taking as reference the succession between the Naturalist, Positivist and Rational alternatives, an emphasis is made on the modality of penality and subjectivity that accompanies the appearance and development of capitalism. What is remarked in this paper is that the formulation of the kantian “categorical imperative”, even though it tries to carry out a rational synthesis between the contractualist and the liberal traditions, it does this at the price of formulating an ethic of obedience to law and the norms, which, nevertheless, does not amplify the problematic of the subject’s morality (which limits itself to its individual condition), towards a categorical imperative of the corporal, needy, and vulnerable human subject (which is the case in Marx’s account) that vindicates its sovereignty, even against laws, when these turn him, socially, into a subjugated, abandoned and humiliated subject.