چکیده:
This article aims to examine the basis of rights from the perspective of Immanuel Kant. Therefore, first a definition of rights, basis, and the basis of rights is presented. Then, important schools in the field of the basis of rights are mentioned to clarify the position of Kant's view in these fields. These schools include: 1- Idealist School 2- Historical and Evolutionary School 3- Utilitarian School 4- Positivist and Analytical School 5- Sociological and Legal Realism School. Kant's view belongs to the Idealist School, where justice is considered as the basis of rights, and Kant's philosophy of law can be called the philosophy of justice. It is also proven in this article that Kant's view on the basis of rights is derived from his ethical theories, which have also been criticized and examined.
خلاصه ماشینی:
Kant's view belongs to the Idealist School, in which justice is considered as the basis of rights, and Kant's philosophy of law can be called the philosophy of justice.
Followers of this school believe that the science of government, like other sciences, must be based on external facts and experience, not on otherworldly and idealistic ideas; therefore, they deny the claim that social laws have a natural and innate root.
On the other hand, a person feels a moral obligation in his conscience by the dictate of practical reason, while observing legal obligations is due to fear of punishment or avoidance of other guarantees stipulated by laws (Katuzian, ibid.
This rule that we must act in law in such a way that we are in harmony with the freedom of others, or that we must not use people as a means, but rather consider all human beings as ends, is one of his moral principles.
As can be seen, his view on law or punishment is derived from his moral views, which are: 1- The goodness and badness of actions is intrinsic, not with regard to their purposes and consequences, and punishment is for the action itself, not for anything else; (1) Caygill 2- We must act in such a way that we place humanity as an end, not a means; 3- This concept of good and goodness is taken from moral law, and not vice versa (Kant, 1952, p.
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