ПОЈАМ ПРАВА КОД ФИХТЕА
FICHTE’S NOTION OF LAW

Summary/Abstract: The article deals with the notion of law as determined by Fichte in his principal legal-philosophical work »Fundamentals of Natural Law According to the Principles of Doctrine of Science« (1796—1797. After reviewing at the beginning the context of Fichte’s legal philosophy (Montesquieu, Rouseau, Kant, French Revolution), the author explains that for Fichte the problem of law is found within the framework of philosophy of self-consciousness, namely he derives the notion of law out of the notion of the rational being. The community of free rational beings is possible only if they recognize each other, and if their freedom is limited, meaning that this community is possible only as a legal one. Therefore Fichte’s legal philosophy is considered in the study as a philosophy of inter-subjectivity — in terms of phenomenology. In its character it belongs to the conception endeavouring to solve the problem of law from the angle of freedom.

• Details
• Contents