Abstract

CURCO COBOS, Felipe. The Kelsen-Schmitt Controversy: A Legal Debate about Modernity. Diánoia [online]. 2013, vol.58, n.71, pp.79-103. ISSN 0185-2450.

While the legal debate between Hans Kelsen and Carl Schmitt has been widely discussed and analyzed, it is rarely located within the coordinates of the political dispute between the ancient and modern world. The loss of this central point of reference prevents focusing on the deeply philosophical root wich is in the midst of the controversy between the two authors, namely, a battle between two alternative models of political rationality and morality. One is the ancient (claimed by Schmitt) and the other is the modern (defended by Kelsen). i argue that not placing this debate in such context deprives us from understanding the legal implications arising from the conflict between the normative theoretical assumptions that give rise to Modernity and the teleological horizon which gives rise to the ancient world.

Keywords : decisionism; positivism; modern rationality; ancient rationality; state.

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