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Balanovskii V.V. —
Transcendentalism of Immanuel Kant as the Key to Understanding Specifics of Judge's Activity
// Legal Studies.
– 2019. – ¹ 12.
– P. 44 - 52.
DOI: 10.25136/2409-7136.2019.12.31745 URL: https://en. nbpublish.com/library_read_article.php?id=31745
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The subject of the research is explication of Immanuel Kant's views on specifics of judge's activity. Despite the fact that the aforesaid issue was not so frequently discussed by the philosopher, it is still possible to find ideas in his works that are important for modern law enforcement practice and demonstrate why judges take certain decisions what principles they follow or must follow. The author of the article bases his research not only on Kant's works on practical philosophy (which is expectable because he speaks of philosophical-legal aspects of law enforcement) but also on theoretical philosophy. The main research method used by the author is the analysis of primary sources for the purpose of explication and reconstruction of Immanuel Kant's ideas that are of crucial importance for the solution of aforesaid issues. The scientific novelty is caused by the fact that never before Russian or foreign academic literature contained explication of Immanuel Kant's ideas about specifics of judges' activity. Meanwhile, this is a very important topic for the revitalisation of transcendental idealism ideas that have a powerful heuristic potential for the development of the modern philosophy of law. In particular, the author suggests to analyze activity of judges from the point of view of Imannuel Kant's teaching about abilities of judgement. Moreover, the author focuses on the definition of reflective justice that allows to define some peculiarities of the process of judge's decision-making process.
determining power of judgment, Critique of Judgment, transcendental idealism, justice, judge's power of judgment, Immanuel Kant, reflective power of judgment, law, evidence, The Metaphysics of Morals
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