Philosophy of law
DOI:
https://doi.org/10.17533/udea.esde.2524Keywords:
Rights of the Man, legality vs. normativity, society vs. community, genealogy of the Right, legal relation, isonomy and existential identityAbstract
These pages, written by professor Bruno Romano, Philosophy of Law Professorship at the University of Rome, La Sapienza, have as purpose to differentiate, the being of the Philosophy of Law, regarding the Legal Science and the General Theory of Law. The first one, rescues the vision of the open to discussion man, holder of the word (logos of the rational human element), where law appears, according to Hegel in his Jena’s courses, as in an universal and unconditional relationship of recognition. The intimate relation among logos - nomos and phatos takes a place there, where law is instituted through the subjectivity when it is understood in phenomenological terms.
On the other hand, the two last disciplines, they are connected with a simple legal formalism, in harmony with a systematic-logical function, compromised both with a likewise formal method, regulators of the real thing – concrete – material – objective, alien to the philosophy that emphasizes the existential uniqueness of the man.
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