Positivism and Neo-Kantism

Abstract

This text analyses the fall of idealism and of philosophy in general after the death of Hegelianism, a process carried out by positivism, the theory of ideologies, the philosophy of life and of existentialism. Although in legal theory and praxis legal positivism is the main protagonist, this shift results in the scientific study focused on the law, exclusively on positive law. Against the reductionism of positivism, Welzel exposes the resurgence of dualism between the concept of law and the idea of law at the hand of neo-Kantian philosophy, and especially that of Rudolf Stammler. This resurgence allows Kantian philosophy to be presented as a theory complementary to legal positivism by accepting this concept of the law of positivism, and purging it of the terminological remains of stages already overcome.