In his first major writing Hauptprobleme der Staatsrechtslehre (1911), Hans Kelsen is not very consistent in the use of his two most important interpretative categories: Being and Ought. They can be interpreted either as the two essential forms for the apprehension of reality, in a Kantian sense, or as if their dualism can be referred to the distinction between formal (spiritual) and material experience. The work, especially in its Preface, offers a possibility for both interpretations, and it might furthermore make possible a metaphysical reading of Kelsen’s early doctrine. This leads to the final question about the affinity between this doctrine and Edmund Husserl’s phenomenology.
Sul dualismo di essere e dovere nel primo Kelsen
Giorgio Ridolfi
2023-01-01
Abstract
In his first major writing Hauptprobleme der Staatsrechtslehre (1911), Hans Kelsen is not very consistent in the use of his two most important interpretative categories: Being and Ought. They can be interpreted either as the two essential forms for the apprehension of reality, in a Kantian sense, or as if their dualism can be referred to the distinction between formal (spiritual) and material experience. The work, especially in its Preface, offers a possibility for both interpretations, and it might furthermore make possible a metaphysical reading of Kelsen’s early doctrine. This leads to the final question about the affinity between this doctrine and Edmund Husserl’s phenomenology.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.