Determining and Reflective Judgments: Two Approaches to Understanding Legal Decisions

Abstract

this article examines legal judgments in light of the two ways that, according to Kant, the Power of Judgment operates. After analyzing both uses of this faculty, it justifies that legal decisions can be considered as a type of reflective judgments, but not as exemplary as the ones treated in the Critique of the Power of Judgment—namely, the aesthetic and teleological.