Abstract

K. C. F. Krause, a disciple of Fichte and Schelling, distinguished himself by elaborating a coherent philosophy of law. In his exhaustive study Dierksmeier first mentions the various authors who influenced Krause, to point out next the latter’s criticism of Fichte, who did not succeed in clarifying the foundation of law. Krause himself sees this foundation in the human person and the rational nature of man. Rather than following Fichte and Schelling, Krause joins Kant: rights and law are an expression of accomplished humanity. In Schelling’s view, on the other hand, right is the organ of freedom. For Kant, law itself must create order to be law. Krause is convinced that the basic structure of man’s intellectual life consists in striving toward wisdom, love, religion, and art. Using Kant’s distinction between analytical and synthetic thought, Krause considers law as being an absolute, irreplaceable category of the practical reason, prior to every juridical order. In complete freedom our reason must reach the Wesenschau, that is, penetrate the essence of things. Laws must agree with man’s essence, which exists in a likeness to God. Therefore, to express what is right, in the full sense of the term, law must be considered a property of God and something divine.