The article aims to probe the relationship between law and space in order to understand whether the space could still be a fertile category for reflection in the philosophy of law. The topic will be approached from an analysis of the theories of Kelsen and Kant that have denied categorical autonomy to space. These positions are problematized considering the effects that reverberate on the legal system at legal and political levels. Alternatively, it will be proposed to rethink the spatial category as a fundamental category of law. Based on the positions of Nietzsche and Schmitt, the theme of space will be rehabilitated in its relation to law in order to bring out its importance especially in current global contexts.
Eramo, F., The space dilemma: a transdisciplinary reading, <<JUS>>, 2024; 2024 (5): 42-61. [doi:10.26350/18277942_000197] [https://hdl.handle.net/10807/316137]
The space dilemma: a transdisciplinary reading
Eramo, Francescantonio
2024
Abstract
The article aims to probe the relationship between law and space in order to understand whether the space could still be a fertile category for reflection in the philosophy of law. The topic will be approached from an analysis of the theories of Kelsen and Kant that have denied categorical autonomy to space. These positions are problematized considering the effects that reverberate on the legal system at legal and political levels. Alternatively, it will be proposed to rethink the spatial category as a fundamental category of law. Based on the positions of Nietzsche and Schmitt, the theme of space will be rehabilitated in its relation to law in order to bring out its importance especially in current global contexts.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.



