6. Deduktion des Rechts (Dritter Lehrsatz: § 4)

Renaut, Alain

doi:10.1524/9783050050324.81

Cited by 2 publications

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“…The law should always enable, never enforce, the individuals' ethical orientations. 64 Where does this position Krause within the current debate? Against proponents of a merely 'negative' concept of freedom without any relation to the good, Krause would claim that "freedom is not aimless choice, not egotistic self-interest, not arbitrary lawlessness".…”

Section: Societal Freedom and Social Responsibilitiesmentioning

confidence: 99%

“…The law should go so far as to empower all to morally responsible freedom but not further. 67 Not only the protection of factual liberties and possessions but also the counterfactual creation of personal capabilities and social opportunities is incumbent on the state. 68 In fleshing out this latter aspect of his legal philosophy, Krause derived a set of fundamental rights which foreshadowed much of the subsequent discourse on human rights, notably encompassing human rights of the first, second, and third generation, i.e.…”

Section: Societal Freedom and Social Responsibilitiesmentioning

confidence: 99%

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Krause’s Ethics as a Precursor to Capability Theory

Dierksmeier¹

2022

EJPR

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There are striking parallels between current capability theories and the moral philosophy of Karl Christian Friedrich Krause (1781–1832). This article reconstructs central arguments of Krause’s ethics and correlates them with passages from the works of Martha Nussbaum, showing that such similarities extend not only to what, substantially, is being professed in either philosophy but also, procedurally, to the question of how the respective moral conclusions are reached. As Krause correlates responsibility with capability, the article begins with an examination of Krause’s idea of human — as compared to animal — freedom and their respective normative implications. Next, the argument is extended to the social responsibilities of personal freedom, before widening the scope to the cosmopolitan plane. The paper then briefly examines historical links between Krause and current capability theorists, before concluding.

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Section: Societal Freedom and Social Responsibilitiesmentioning

confidence: 99%

Section: Societal Freedom and Social Responsibilitiesmentioning

confidence: 99%