Volodymyr Machuskyy
In the conclusion of his book
"Critique of Practical Reason" Immanuel Kant expressed his admiration
and reverence for two things - the starry heavens and the moral law within.
In
particular, he wrote the following: “TWO THINGS FILL
the mind with ever new and increasing admiration and awe, the oftener and the
more steadily we reflect on them: the starry heavens above and the moral law
within”[1].
Since these words were quoted repeatedly at every opportunity.
In fact, this widespread
quote is only an example given by Kant for thoughtful researchers as a warning
and also for imitation. Likewise, the admiration and the surprise can be caused
by the ocean view and the mountain peak. But Kant says, in the sense that
surprise and delight may induce scientist to research but cannot replace the
study. Keeping in mind the guidance of Kant, we begin our study of the place
where he was staying - the moral law within.
The admiration and the
awe of Immanuel Kant before the moral law within can be easily explained from a
religious point of view. The Kant's moral law which "reveals to me a life
independent of animality"[2] is
nothing more than a Biblical discernment of good and evil. "And the Lord
God said, Behold, the man is become as one of us, to know good and evil"[3] as
stated in the book of Bible - “Genesis”.
Notable here is not only the ability to distinguish
between good and evil as a necessary condition for the existence of justice,
but also – “the man is become as one of us”. “To know” and “become” reflect the
sacred nature of knowledge of law and the evolution of the person in the
process of becoming.
Primitive physical
being is absorbed by society and does not have its own interests. Realizing its
difference from others, such a being becomes a person, but at first as a person
in the socio-psychological sense only. In the legal sense, such a person is an
object of law and no more.
Thus, the ancient
Roman "manus mariti" and "patria potestas" - two kinds of marriage, proclaimed the
absolute right of husband and father on wife, turned her into objects of legal
regulation and ultimately denied the existence of women from a legal point of
view.
Hence, the wife in
the ancient Roman family already was a persons in the socio-psychological
sense, but she was not yet a subjects of law. The transformation of a woman
into a subject of law is possible only if she realizes the law in herself.
As a consequence
of such awareness, along with the marriage of "cum manu" (with the
authorities) there was a marriage of "sine manu" (without power).
In the context of
the movement of law in a "cum manu" marriage, a woman is still only a
person and the object, while in a "sine manu" marriage, the woman is
a subject of law already.
So, the ability of
a person to become a subject of law is conditioned by the development of the
personality and it is connected with the awareness of the law in itself.
[1] The
Critique of Practical Reason by Immanuel Kant, trans. Thomas Kingsmill Abbott,
The Electronic Classics Series, Jim Manis, Editor, PSU-Hazleton, Hazleton, PA
18202/p. 164 of 166.
[2] The
Critique of Practical Reason by Immanuel Kant, trans. Thomas Kingsmill Abbott,
The Electronic Classics Series, Jim Manis, Editor, PSU-Hazleton, Hazleton, PA
18202/p. 165 of 166
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