Lukács, Kelsen and the Law: the legal phenomenon between epistemology and ontology

Authors

DOI:

https://doi.org/10.18316/redes.v9i3.7183

Keywords:

Lukács, Kelsen, Ontology, Marxism

Abstract

This research aims to confront the epistemological-normativist tradition of law endorsed by Hans Kelsen, present in Pure Theory of Law, with the ontological-Marxist legal analysis of György Lukács, found in his Ontology of social being, specifically in what they say about the foundation of law. It seeks to delimit, analyze and compare the different results achieved from these diametrically opposed approaches. The research method used is the systematic literature review, while the theoretical framework to support this research is the Marxist. It appears that the Kelsenian approach ceases its possibilities of questioning within the limits of legal normativism, while Lukács` ontological-Marxian perspective is capable of providing three new levels of concretization to the conceptualization of law. With this, it is concluded that, in relation to Kelsen, Lukács manages to go further by delineating the historical genesis, the specific legality and the prospects for the disappearance of the law.

Author Biographies

Bruno Peigo Romão, Universidade Federal do Rio de Janeiro

Mestrando em Direito pela UFRJ. Graduado em Direito pela UFRJ. Advogado.

Mauro Osorio da Silva, Universidade Federal do Rio de Janeiro

Professor associado de Economia Política do curso de graduação em Direito da UFRJ. Professor dos cursos de mestrado e doutorado em Direito da UFRJ. Doutor em Planejamento Urbano e Regional pelo IPPUR/UFRJ. Graduado em Economia pela UFRJ. Economista.

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Published

2021-10-20

Issue

Vol. 9 No. 3 (2021)

Section

Articles

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