In this paper, I would like to present a possible way of understanding law and its function in terms of “Kulturarbeit (work of civilisation)” or, in other language, “social technique”, according to which, within the process of civilisation, the specificity of law is characterised by the task of civilising force, limiting the excesses of power, regulating and governing its violence and thus removing human events from the inexorability of the fait accompli, which then inevitably underlies the so-called “law of the strongest”. The result is an explication of the historically and socially instituted character of law, and consequently the need to evaluate and justify its legality
“Il diritto come civilizzazione della forza. Considerazioni su Freud e Kelsen” / Ciaramelli, Fabio. - In: TEORIA E CRITICA DELLA REGOLAZIONE SOCIALE. - ISSN 1970-5476. - 27:2(2023), pp. 11-26.
“Il diritto come civilizzazione della forza. Considerazioni su Freud e Kelsen”
Fabio Ciaramelli
2023
Abstract
In this paper, I would like to present a possible way of understanding law and its function in terms of “Kulturarbeit (work of civilisation)” or, in other language, “social technique”, according to which, within the process of civilisation, the specificity of law is characterised by the task of civilising force, limiting the excesses of power, regulating and governing its violence and thus removing human events from the inexorability of the fait accompli, which then inevitably underlies the so-called “law of the strongest”. The result is an explication of the historically and socially instituted character of law, and consequently the need to evaluate and justify its legalityI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.