The Development of Philosophical and Legal Ideas about Legal Laws in the Teachings of German Classical Philosophy (Kant, Fichte, Hegel)

Abstract

This article presents an analysis of the philosophical and legal doctrines of representatives of the German classical philosophy (I. Kant, I. G. Fichte, G. V. F. Hegel) on the essence and content of legal laws. In particular, the conclusions drawn by Kant about the moral law or categorical imperative, which became the basis for the organization of the rule of law state headed by the principle of legal law, are presented. The imperative of mutual restriction of citizens' freedoms as a condition for ensuring the free existence of people, proposed by Kant and Fichte. Hegel's ideas about the difference between the essence and phenomenon in law, which became the mainи one for substantiating the principle of legal law as a phenomenon that distinguishes law from positive law. The main purpose of the study is (a) an appeal to the philosophical and legal views and theories (ideas and principles) of the German classical philosophers in order to identify the fundamental (essential) laws of the development of their content and (b) an attempt to further generate (develop) a single, systemic and fundamental basis. The analysis of philosophical and legal doctrines has shown that the authors' ideas about legal laws can be presented as an expression of reasonable selection, on the basis of which a rational search and construction of social interaction was carried out by deducting and reducing non-viable, destructive for social existence and development models of social behavior. Most importantly, reasonable selection has demonstrated that the only effective mechanism and brainchild of the culture of all mankind, capable of ensuring a safe existence and development of a person, is law and its understanding, based on the imperative of preserving human nature and implemented in the context of state regulation of public relations.