@article{ART001739121},
author={Eusun Heo},
title={Kant’s theory of judgment and operation of adjudication: application or creation - reading of The Image of Law by Alexandre Lefebre},
journal={PHILOSOPHY·THOUGHT·CULTURE},
issn={1975-1621},
year={2013},
number={15},
pages={29-59}
TY - JOUR
AU - Eusun Heo
TI - Kant’s theory of judgment and operation of adjudication: application or creation - reading of The Image of Law by Alexandre Lefebre
JO - PHILOSOPHY·THOUGHT·CULTURE
PY - 2013
VL - null
IS - 15
PB - Research Institute for East-West Thought
SP - 29
EP - 59
SN - 1975-1621
AB - The main objective of this essay is to explore the ideas and arguments of The Image of Law that are relevant to Kant’s theory of judgment. According to Lefebre, the author of The Image of Law, Kant’s theory of judgment is recently revived in the modern juridical discernment by Hart, Dworkin etc. Although two theorists guarantee some creativity in law and adjudication, they take encounters to be instances of the universal in order to extend an original system. This subsumptive character is the very inheritance of Kant that essentially suppresses and excludes creativity out of juridical judgment. Lefebre insists that creativity and invention are intrinsic to adjudication dint of activating Deleuze’s key theme. The secondary objective of this article is to attempt to read Kant’s moral judgment focusing on application and creation. The emphasis is placed on the issue as to whether or not the moral judgment in Kant excludes creativity and merely repeats the law, while seeking the possibility of creativity in Kant’s theory of judgment.
KW - Image of Law;Kant’s theory of judgment;juridical judgment;subsumption;moral judgment;creativity
DO -
UR -
ER -
Eusun Heo. (2013). Kant’s theory of judgment and operation of adjudication: application or creation - reading of The Image of Law by Alexandre Lefebre. PHILOSOPHY·THOUGHT·CULTURE, 15, 29-59.
Eusun Heo. 2013, "Kant’s theory of judgment and operation of adjudication: application or creation - reading of The Image of Law by Alexandre Lefebre", PHILOSOPHY·THOUGHT·CULTURE, no.15, pp.29-59.
Eusun Heo "Kant’s theory of judgment and operation of adjudication: application or creation - reading of The Image of Law by Alexandre Lefebre" PHILOSOPHY·THOUGHT·CULTURE 15 pp.29-59 (2013) : 29.
Eusun Heo. Kant’s theory of judgment and operation of adjudication: application or creation - reading of The Image of Law by Alexandre Lefebre. 2013; 15 : 29-59.
Eusun Heo. "Kant’s theory of judgment and operation of adjudication: application or creation - reading of The Image of Law by Alexandre Lefebre" PHILOSOPHY·THOUGHT·CULTURE no.15(2013) : 29-59.
Eusun Heo. Kant’s theory of judgment and operation of adjudication: application or creation - reading of The Image of Law by Alexandre Lefebre. PHILOSOPHY·THOUGHT·CULTURE, 15, 29-59.
Eusun Heo. Kant’s theory of judgment and operation of adjudication: application or creation - reading of The Image of Law by Alexandre Lefebre. PHILOSOPHY·THOUGHT·CULTURE. 2013; 15 29-59.
Eusun Heo. Kant’s theory of judgment and operation of adjudication: application or creation - reading of The Image of Law by Alexandre Lefebre. 2013; 15 : 29-59.
Eusun Heo. "Kant’s theory of judgment and operation of adjudication: application or creation - reading of The Image of Law by Alexandre Lefebre" PHILOSOPHY·THOUGHT·CULTURE no.15(2013) : 29-59.
