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The tribunal of reason: a historical and systematic study of the legal metaphors in the critique of pure reason

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Diego Kosbiau Trevisan
Total Authors: 1
Document type: Doctoral Thesis
Press: São Paulo.
Institution: Universidade de São Paulo (USP). Faculdade de Filosofia, Letras e Ciências Humanas (FFLCH/SBD)
Defense date:
Examining board members:
Ricardo Ribeiro Terra; Maurício Cardoso Keinert; Heiner Friedrich Klemme; Bruno Nadai; Christian Thein
Advisor: Ricardo Ribeiro Terra

This thesis provides a historical, genetic and systematic study of the legal metaphors in the Critique of Pure Reason, which are, implicitly or explicitily, contained in the image of the Tribunal of the Critique as the Tribunal of Reason. The main purpose of this work is to examine how legal terminology and jurisprudence influenced the methodological framework of the Critique of Pure Reason. Furthermore, this study seeks to address how these elements played a role in the emergence of the Critique in the course of the philosophical tradition of modernity and, more specifically, in the development of Kants thought. In order to investigate how the legal metaphors in the Critique of Pure Reason indicate a legal methodological origin of criticism, this work is divided into three parts. Each one of these parts addresses one of the three interpretative aspects mentioned above, namely, the historical, genetic and systematic. The first part deals with a history of the sources and of the concepts which underlie the legal understanding of criticism, namely, the idea of a tribunal and legislation of reason as well as the legal concepts of deduction and antinomy. The second part reconstructs the emergence of the critical philosophy. In this part, the goal is to highlight the genesis of some critical motives which have a bearing on the legal constitution of the Critique and express its methodological concern. More specifically, it addresses both the representation of a judge which reaches an impartial verdict on the pretensions of knowledge and the idea of a nomothetic of pure reason. The third and final part of the work undertakes a systematic analysis of the legal metaphors in the Critique relying on the historical and genetic roots described in the previous parts. It provides an interpretation of the Discipline of Pure Reason as the methodological core of the Critique, of the metaphysical and transcendental deduction as a legal procedure and of the resolution of the antinomy as a precondition for the validity of the legislation of reason. By doing so, this part shows how the systematic investigation of the legal metaphors of the Critique of Pure Reason allows for the understanding of the critical philosophy as the exposition of the negative and positive legislation of reason. (AU)

FAPESP's process: 11/12726-0 - Legal and political allegories in the Critique of Pure Reason
Grantee:Diego Kosbiau Trevisan
Support type: Scholarships in Brazil - Doctorate