Abstract

GARCIA BERGER, Mario. The Possibility of a Transcendental Legal Science. Isonomía [online]. 2020, n.53, pp.138-159.  Epub June 09, 2021. ISSN 1405-0218.

In this paper I defend the possibility of a transcendental legal science against the criticisms raised by Jan Sieckmann and Christoph Kletzer, who claim that legal science cannot have a constitutive character. For Sieckmann the pure theory of law´s own premises lead to an objectless science, whereas for Kletzer the real constitutive work is carried out by the law. From my considerations it follows an explanation of the relation between the philosophy of law, the legal science and the law modelled on the Kantian connection between the critique of pure reason, the physical science and the natural phenomena.

Keywords : transcendental legal science; pure theory of law; Kelsen; constitutive character; a priori legal categories.

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