HANS KELSEN AND THE IDEA OF JUSTICE: TENSIONS BETWEEN LEGAL NATURALISM AND LEGAL POSITIVISM

Abstract

In the following text I will present one of the principal concepts behind the fundamental idea of different discussion in politic philosophy, the concept, or notion, of: "justice". I characterize the thesis propose by Hans Kelsen, and the diverse implications of this one. I’ll try to show that, in spite of his exposition, what he proposes carry on with certain inconsistences. I take some of the concepts from Chaïm Perelman about the minimal aspects to give a definition, successfully –keeping the distance, however-, to affirm then that this ‘idea’ can award to the intrinsic condition of humans, like Kelsen and Perelman does it, in a different way that they formulate.