Publication details

Jeden princip vládne všem

Title in English One principle to rule them all
Authors

SOBEK Tomáš

Year of publication 2024
Type Article in Periodical
Magazine / Source Pravnik
MU Faculty or unit

Faculty of Law

Citation
Web https://www.ilaw.cas.cz/casopisy-a-knihy/casopisy/casopis-pravnik/archiv/2024/2024-5.html?a=3854
Keywords Kant; Kelsen; logic; ethics
Attached files
Description The text deals with the applicability of the categorical imperative in contexts that are consi-dered morally indifferent. When someone opportunistically avoids inferring a conclusion because the conclusion doesn't please them, it's a moral rather than a logical fault. Such a moral fault can be well explained by the categorical imperative. Kelsen considered the vali-dity of a norm as its bindingness. But his theory allows the addressees of norms a similar logical trick to avoid inferring their legal obligation. The use of this trick again is not a logi-cal but a moral fault. This moral fault can also be explained by the categorical imperative. But the use of the services of the categorical imperative challenges Kelsen's legal positivism.
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