Existe um conceito de sujeito de direito em Kant e em Marx?

• Autor(a) principal: Silva Filho, Francisco Cláudio Oliveira
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Trilhas Filosóficas (Online)
• Texto Completo: https://periodicos.apps.uern.br/index.php/RTF/article/view/5524
• topic: Subject of law; Morality; Kant; Marx; Sujeito de direito; Moral; Kant; Marx

The concept of subject of law is fundamental to the legal relationship in the Theory of Law. The subject is the personification of objectively assigned norms. Philosophical analysis allows you to reach its theoretical-methodological foundations. For Kant, the subject has a relationship with reason, autonomy and morality. The distinction between law and morals is deepened, but without breaking the categories. Marx describe the legal relationship based on formal equality between abstract subjects. Law consists in the application of an equal measure, but concrete individuals are unequal. The law would not have to be equal, but unequal. The object of work is the notion of subject of law in Kant and Marx. The problem is whether there is a concept of subject of law for the authors that is distinct from the moral subject. The hypothesis is that the authors present an understanding of the subject of law and its relationship with morality in different ways. Bibliographical research is carried out, especially Foundation of the Metaphysics of Morals, Doctrine of Right, in the work Metaphysics of Morals, by Kant, and For the Jewish Question and Critique of the Gotha Program, by Marx. It is concluded that in Kant, there is no autonomous subject of law, but an intertwined relationship between the moral subject and the subject of law. Marx understands the notion of subject of law in its specific form, distinct from morality, as a typical relationship of capitalism. However, the subject of law presents itself as an abstract form, the figure of the bourgeois individual.