康德在他的“权利科学”当中,首先对“立法”进行了划分。按照立法所依赖的原则不同,康德把立法区分为“伦理的立法”和“法律的立法”。前者是按照道德法则的义务概念而实施的立法,因而也称“内在立法”;后者则是允许在道德义务概念之外具有其他意图,由外在立法机关所实施的立法,因而也称“外在立法”。这一区分是理解康德立法思想的理论前提。 Kant first divided his “legislation” in his “science of rights.” In accordance with the principles on which the legislation relies, Kant differentiates the legislation into “ethical legislation” and “lawmaking legislation.” The former is legislation implemented in accordance with the notion of obligation of moral law and is therefore also referred to as “internal legislation.” The latter is one that allows for the law to be implemented by external legislatures with other intent than the notion of moral obligation. Called “External Legislation ”. This distinction is the theoretical premise for understanding Kant’s legislative thinking.