Monday, June 13, 2011

Legal Precedent and Kant's Categorical Imperative

In common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body may utilize when deciding subsequent cases with similar issues or facts. Black's Law Dictionary defines "precedent" as a "rule of law established for the first time by a court for a particular type of case and thereafter referred to in deciding similar cases."

The categorical imperative is the central philosophical concept in the moral philosophy of Immanuel Kant, as well as modern deontological ethics. Introduced in Kant's Groundwork for the Metaphysics of Morals, it may be defined as a way of evaluating motivations for action.

According to Kant, human beings occupy a special place in creation, and morality can be summed up in one ultimate commandment of reason, or imperative, from which all duties and obligations derive. He defined an imperative as any proposition that declares a certain action (or inaction) to be necessary.

"Act only according to that maxim whereby you can, at the same time, will that it should become a universal law."

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