lawgiver

(28.) A "person" is a subject "whose actions may be imputed to him." "Moral personality" is the freedom of a rational being under moral laws, from which it follows, Kant says, that "a person is subject to no laws other than those he gives himself (either alone or at least along with others)."[6: 223] By the former sort of lawgiving, Kant would seem to have in mind internal legislation, by the latter (i.e., lawgiving along with others), he would seem to have in mind lawgiving through a general will, which binds externally even if internal (moral) self-legislation is lacking.

If a government is accountable to preferences, and different persons affirm incompatible preferences, then it is impossible for government to be accountable to the preferences of every person subject to its lawgiving. The next best thing would be for government to be accountable, in the words of Justice Oliver Wendell Holmes, to the "right of a majority to embody their opinions in law".

As a law, this constitutive proxy of every individual for every other individual--Kant will later speak of the "general lawgiving of its own"--is the basic principle for humans living together.

'All duties are either duties of Right that is, duties for which external lawgiving is possible, or duties of virtue for which external lawgiving is not possible.

And their extraordinariness as well as their superior status produces ratione suprematitis from their characteristic as sovereign." (67) This sentence refers to the provisions concerning referendum in Weimar Constitution which in Constitutional Theory Schmitt ascribes to the second moment of democracy; this phrase, however, points to the importance ascribed to the people's will as lawgiving force.

But it will not be in trouble, legally speaking, as long as the class of people who are deemed to be non-human is relentlessly consigned to a status in which no question arises of the capacity of an individual in that class to be, in Immanuel Kant's words, "a lawgiving member in the kingdom of ends." (11)

Although this figure is not named, the description of him is reminiscent of many contemporary accounts of King Alfred, whose lawgiving legacy was celebrated across the political spectrum throughout the century; this identification is further licensed by Beattie's periodization of the poem in the synopsis that he sent to Thomas Gray, in which he outlined that Edwin was later to fall victim to 'Danes or robbers'.

symbolise, the 'lawgiving' big Other: an unidentifiable

here the classic definition of Immanuel Kant, according to whom the worth of man consists in the fact that "he must always take his maxims from the point of view of himself, and likewise every other rational being, as lawgiving beings (who for this reason are also called persons)." See "Groundwork for the Metaphysics of Morals," in Practical Philosophy, trans.

if eudaemonism (the principle of happiness) is set up as the basic principle instead of eleutheronomy (the principle of the freedom of internal lawgiving), the result is the euthanasia (easy death) of all morals.

Il seems likely that Beaumarchais included it as part of Tarare's lawgiving in order to re-align the original opera as fully as possible with important political issues of the early revolutionary period.

In the same perspective as Mac Lean, Buchheit and Pare ask, "As the lawgiving authority in its own country, what would stop a sovereign from passing a law that, for example, purported legally to subordinate all of its existing foreign lenders in favor of some new set of creditors ...?" Buchheit & Pare, supra note 26, at 913.

The doctrine of right, concerning what Kant refers to as external lawgiving, explicates the conditions of external freedom.

Justice Scalia, in dissent, argued that "[l]egislative history can never produce a 'pellucidly clear' picture, of what a law was 'intended' to mean, for the simple reason that it is never voted upon--or ordinarily even seen or heard--by the 'intending' lawgiving entity." Id.