This paper aims to split the Hegel’s Elements of Philosophy of Right according three different logics: the first of practical-general nature; the second of political and legal nature, focused about the concept of recognition and of criminal sanction; and at last the third of legal nature strictly. If the first of this logics changes itself into the attempt to identify the practical-general problem of freedom in the concept of law, at the opposite the other two logics could represent a draft of a validity’s theory of the individually regarded legal norm. In this way, identifying the problem of freedom with the idea of right, Hegel should have guess a basic become distinction in the contemporary general theory of Law, as between Concept and Validity of Law
Concetto e validità del diritto nei “Lineamenti di filosofia del diritto” di Hegel
Di Carlo, L.
2019-01-01
Abstract
This paper aims to split the Hegel’s Elements of Philosophy of Right according three different logics: the first of practical-general nature; the second of political and legal nature, focused about the concept of recognition and of criminal sanction; and at last the third of legal nature strictly. If the first of this logics changes itself into the attempt to identify the practical-general problem of freedom in the concept of law, at the opposite the other two logics could represent a draft of a validity’s theory of the individually regarded legal norm. In this way, identifying the problem of freedom with the idea of right, Hegel should have guess a basic become distinction in the contemporary general theory of Law, as between Concept and Validity of LawI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.