Instintos e instituciones. Una confrontación del pensamiento jurídico-político de Kant con la posmodernidad

Abstract

The paper confronts Kant’s grounding of public Right and of the State of Right with the dynamics of society according to the postmodernist approaches that G. Deleuze and F. Guattari have laid out in several of theirs writings. The main aim of this work is arguing for the claim that Kant’s theory of Right might be read from the point of view of a history of normativity, inasmuch as the constitutive tenet of norms and rules would not be the collective desire of a community, but rather the subjective demands of the faculty of reason. I analyze the exam of G. Deleuze on the connection between instincts and institutions from the empirical tradition, the concept of norm and normativity framed by G. Canguilhem and the distinction between society and civil union argued in the Doctrine of Right of Kant’s Metaphysics of Morals.