Kant Separation Of Power

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Kant sees the state as the result of a contract in which each disclaims natural freedom to enjoy the freedom as a member of the state. Taking the whole idea of the social contract, Kant calls it the original contract. This contract is not a historical fact, and nothing more than an explanation, one version of events, about which we do not have reliable information.

Kant considered the state as "the union of people subordinated to legal laws. Legal categorical imperative is based on a sense of duty and can be summarized as follows: the act is moral only if it is done only with respect to the moral law.

This is Kant who develops a number of fundamental principles of the rule of law: freedom and independence of each member of society as a human …show more content…

Kant wrote about the division of power not as a system of checks and balances, but as a clear chain of subordination of all its branches. This subordination and consent of all branches of government, in Kant's opinion, are able to prevent arbitrariness and to ensure the prosperity of the state.

Kant singled autocracy, aristocracy and democracy. However, according to the criterion of separation of powers, he singled out the two forms of government: republican, where there is a separation of powers and the despotic, where they coalesce.
He believed that a republic is a social system in which power means the rule of law, and the latter correspond to the interests of the citizens. Kant himself was a supporter of constitutional monarchy, believing that the autocracy can be a republic, if there legislative and executive branches are clearly defined.

Kant condemns the right of the people to revolt, because all the political changes should take place gradually, through reforms from …show more content…

This can be achieved by coercive power. Only state can make the right coercive.
Part of the philosophy of Kant - is the idea of eternal peace. The future development of mankind, he connected with the formation of the world confederation of sovereign republics, where the international legal order based on the principles of equality of peoples, non-interference in the internal affairs of each other. It's kind of a social contract at the national level.
Hegel
Philosopher considered universal freedom as a philosophy of right. According to him, the true freedom has a general (rather than individual) will. Universal freedom requires that the individual's subjective aspirations are subordinated to moral duty, citizen's rights - are correlated with their duties to the state, individual freedom - consistent with the need.
The process of approval of universal freedom, according to Hegel, is the content of world history.
He divided the philosophy of right into 3 sections:
1- Abstract right, which is concerned with the nature of property rights. Persons recognize persons as such and recognize their rights as the rights of

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