Ideas y Valores
versão impressa ISSN 0120-0062
DAVILA, JOHNNY ANTONIO. On the Role of the Natural State in Kant's Legal and Political Thought. Ideas y Valores [online]. 2011, vol.60, n.147, pp. 65-88. ISSN 0120-0062.
Kant resorts to the idea of an original contract in order to legitimate Right and the State; however, no reasons are given for the establishment of either of them. The article suggests that the concept of natural state needs to be analyzed in order to find out what those reasons are. This concept not only indicates what those reasons are, but also determines the content of positive legal norms. On the other hand, the article suggests that the wide spectrum of the concept of natural state also motivates the Kantian idea of a universal legal structure.
Palavras-chave : I. Kant; contractualism; Right; State; natural state.