THE USE OF THE POWER OF JUDGMENT IN KANT’S POLITICAL AND LEGAL PHILOSOPHY

Abstract

In this article, I examine core aspects of Kant’s political philosophy and law from the point of view of the power of judgment. In line with Wolfgang Wieland and Alejandro Vigo, I discuss aspects of this branch of Kantian philosophy in which different rules and criteria demand a particular application. In particular, I deal with aspects related to the critical exercise of citizenship, the implementation of republicanism and the making of law, and the application of law in the case of instances of legal punishment. Based on these analyses, I point out the relevance of interpreting Kant’s legal philosophy as a criteriological one, where the reflection of the agent is fundamental in the application of general norms and principles.