discernment

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Judgment , judgment, or judgment is the ability to form one's own judgment . "Ability" means the possibility as ability and ability. "Judgment" describes the correct classification of a situation or a fact and is a prerequisite for rational action.

A diminished, restricted ability to make judgments - based on a social norm - is in this respect a restriction of the cognitive abilities. This restriction can be temporary and, for example, induced by illness or drugs . A reduction can also be age-related, through childhood or senile dementia . Even stupidity , as the inability to draw the right conclusions and assessments from the perceived, is considered an impaired judgment.

Immanuel Kant

The judgment is after review of pure reason of Kant one of the three upper cognition is, the others are sense and reason (Kant: AA III, 130). The lower faculty is the ability to receive sensual impressions or perceptions in consciousness ( sensuality ). On the other hand, according to Kant, understanding is the power of concepts, reason is the power to draw conclusions from them. The power of judgment relates to judgments , i.e. the ability to combine concepts and other ideas into sentences and to hold them to be true or false. It is the ability to subsume the particular under the general (a rule) , i.e. H. to decide whether something is subject to a certain rule or not (Immanuel Kant: AA III, 131). In this way, the power of judgment establishes the connection between understanding and sensuality: while the understanding abstracts the concepts as rules from the views, the power of judgment determines in return whether these fall under a certain concept or not. In transcendental logic , Kant's normative theory of the representation of objects in general, a canon , a set of valid positive rules for the functioning and use of the power of judgment, can be specified with the schematism and the principles of the pure understanding , which ensures that the pure understanding concepts an empirical meaning and empirical knowledge is valid.

In the Critique of Judgment (1790), Kant also deals with the question of the validity of taste judgments, i.e. an aesthetic in the modern sense and the teleological power of judgment, which has the task of assigning purposes or intentions .

In the Metaphysics of Morals , Kant emphasizes the role of judgment "the subjective principle of the attribution of action" in the elementary theory. The power of judgment “legally” decides for an act, “whether it was done as an act (act under a law) or not”, while it is reason that derives a “sentence”, punishment or acquittal from this judgment. Immanuel Kant: AA VI, 438 The power of judgment is therefore a prerequisite for every moral judgment of others and of self, including conscience .

German civil law

When creating a living will in accordance with § 1901a BGB a judgment obtained is required which must be confirmed by a physician, if possible. The medical confirmation is intended to prevent a corresponding declaration of intent from being doubted as null and void as a result of a suspected mental disorder in accordance with Section 104 (2) BGB.

Swiss civil law

The term capable of judgment is anchored in Article 16 of the Swiss Civil Code (ZGB) . It is used, for example, to better assign the concept of the ability to act .

Web links

  • Judgment. Eisler, dictionary of philosophical terms .

Individual evidence

  1. Immanuel Kant, Collected Writings. Ed .: Vol. 1-22 Prussian Academy of Sciences, Vol. 23 German Academy of Sciences in Berlin, from Vol. 24 Academy of Sciences in Göttingen, Berlin 1900ff., AA III, 130 .
  2. Immanuel Kant, Collected Writings. Ed .: Vol. 1-22 Prussian Academy of Sciences, Vol. 23 German Academy of Sciences in Berlin, from Vol. 24 Academy of Sciences in Göttingen, Berlin 1900ff., AA III, 131 .
  3. Immanuel Kant, Collected Writings. Ed .: Vol. 1-22 Prussian Academy of Sciences, Vol. 23 German Academy of Sciences in Berlin, from Vol. 24 Academy of Sciences in Göttingen, Berlin 1900ff., AA VI, 438 .
  4. ^ Asmus Finzen : Advance directives for mental illnesses . DGSP Hessen, 2009 online (PDF file; 73 kB)
  5. First part: Personal law / First title: Natural persons / First section: The right of personality: Art. 16 ZGB .