THE EXTERNALITY OF LAW. KELSEN, KANT AND NIETZSCHE IN A HERMENEUTIC CIRCLE
THE EXTERNALITY OF LAW. KELSEN, KANT AND NIETZSCHE IN A HERMENEUTIC CIRCLE

Summary/Abstract: The relationship between law and the individual or between the subject who becomes the subject of law when reviewed by law has been the topic of many philosophical debates. In the present article, this relationship is considered in the form of a distance, such that law appears external to both the individual and his life. If this is true through a purely empirical and phenomenological approach to the everyday life of the subject both from a Kelsian and Kantian perspective, Nietzsche’s perspective on conventional morality does not oppose the distance between law and the individual or the external nature of law to life, to which law, indeed, is foreign. Nietzsche does offer, however, additional meaning to that distance, by evaluating the origin of law and the kind of life law is external to. The hermeneutical circle starts with Kelsen’s perspective under the Kantian influence and ends with Nietzschean considerations, closing the hermeneutical circle with Nietzsche’s contradiction of his own premises.

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