Ricerc@Sapienza

In this essay I would like to show how Kelsen’s formalism can be seen as
an alternative to the rigid traditional dualism between formalism and anti-formalism
and how, given this peculiarity, it can be defined as a “difficult formalism”.
I will discuss that the attempt to purify legal science, with the aim
of overcoming dualisms of Sollen between objective and subjective, public
and private law, has the effect of eroding the exclusive assignment of a certain
value to law, so that the prohibition to immunize subjective values corresponds
to the obligation to subject them to public discussion and thus to the duty of
allowing them to be falsified.