Tuesday, August 15, 2017

Immanuel Kant and the woman as a subject of the law

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
[3] The Holly Bible, set forth in 1611 and commonly known as the King James Version/Genesis, 3:22

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