Substance and Function in Legal Philosophy: on Georg Lukács’ Critique to Hans Kelsen’s Legal Formalism
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Abstract
The author reconstructs the criticism of the ‘Western Marxist’ Georg Lukács to the juridical formalism of Hans Kelsen on the basis of the conceptual antinomic substance/ function pair. Criticism is carried out on the basis of Lukacs’ acquired dialectical philosophy, which highlights the structural antinomies of the pure theory of law. Also Lukács, like Korsch, refers to the natural law of the working class against the positive law of the post-revolutionary bourgeoisie.
Keywords
- Substance
- Function
- Law
- Class
- Dialectic
