>Stefano Fachin*

Abstract

This article focuses on the purpose of law in the thinking of the philosophers of the Marburg School. Historically, law has been based on the split between natural law and legal positivism. With the advent of kantian thought, however, ‘what ought to be’ became a model of universal law beyond these labels. However, the weak point of Kant’s speculation was found to be an excessive theoretical twist that trapped law within the meshes of excessive formalism. The philosophical path of the school of Marburg is part of this. By moving away from the binomial natural law/positivism, through the development of the concept of ‘transcendental’, it laid the foundations for a juridicality founded on logical-pedagogical structures in order to dig a new furrow towards a different direction, where law no longer presents itself as a coercive system, but as an open cultural formation.

Keywords: diritto; volontà pura; comunità; trascendentale; Stato; legalità; mito; forma; cultura.

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