Dalla natura come tema del pensiero mitico alla libertà come tema metafisico: primi elementi di una filosofia positiva del diritto

Before any philosophy of History and society, mythological narratives document the emergence of consciousness as the seat of the presentiment of an absolute. The Schellingian philosophy of mythology and revelation, as well as certain aspects of Hegelian philosophical-religious reflection, attest to the metaphysical-revelatory, rather than speculative, fertility of mythical knowledge. This knowledge reveals the elements of the initial formation of a juridical and political thought on human sociality. The scenes depicted by mythical thought present a dialectical movement that operates not through (Hegelian) Aufhebung but through Erzeugung. In the theogony, which is not a description of the past but an announcement of the future, potencies perceived as truly existing are at work. These potencies decide and act as individuals, following a dynamic of generative production rather than a process of preservation/removal/overcoming. An existential condition for positive philosophizing, including in the realm of law, is religious experience, which means starting from the absolute: as nature in mythology and as freedom in revelation.