The article tries to inquire a third way in normative ethics between consequentialism or utilitarianism and deontology or Kantianism. To find such a third way in normative ethics, one has to analyze the elements of these classical theories and to look if they are justified. In this article it is argued that an adequate normative ethics has to contain the following five elements: (1) normative individualism, i. e., the view that in the last instance moral norms and values can only be justified by reference to the individuals concerned, as its basis; (2) consideration of the individuals' concerns and interests-aims, desires, needs, strivings-insofar as they have a justificatory function; (3) a pluralism of references of these concerns and hence of moral norms and values to all possible elements of actions; (4) the necessity of a principle of aggregation and weighing with regard to these concerns; (5) finally, as a central principle of aggregation and weighing, the principle of relative reference to self and others, operating as a generalizing meta-principle that guides the application of concrete principles and decisions.
The contribution starts with the observation that Kant mentioned Human Dignity in his main works with great variety in emphasis. In the ‘Grundlegung’ from 1785 we find a significant treatment and again in the ‘Tugendlehre’ from 1798 but none in the ‘Kritik der Praktischen Vernunft’ from 1788 and in the ‘Rechtslehre’ from 1797. This needs an explanation. In the ‘Grundlegung’ human dignity is not attached to the second formula of the categorical imperative, the formula of self-purposefulness, as it is often assumed, but to the third formula of a kingdom of ends. It is there explained as self-legislation. This placement needs also an explanation, which is attempted by the article. In the ‘Tugendlehre’ human dignity is then explained as self-purposefulness. So Kant changed his understanding of human dignity from the ‘Grundlegung’ to the ‘Tugendlehre’. But the question is: why?
Der Beitrag versucht aus einer philosophischen Perspektive zu klären, was das Recht ist. Die zentrale These lautet, daß sich das Recht nur über seine Ziele und Mittel verstehen läßt. Ziel des Rechts ist die Vermittlung zwischen möglicherweise gegenläufigen, konfligierenden Belangen.
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