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Sumary
Hans Kelsen deals with the problematic of justice doctrine in several essays. In all of them not
only does he insists on the need to separate positive law from other normative systems, but also
points out the futility of the attempt to provide a rational justification for justice. Kelsen
intends to denounce the political use of justice theories. This essay will present a
critical-deconstructive reading of “What is justice?” by Kelsen, based on the relationship between
justice and law outlined by Jacques Derrida. Kelsen s purpose is to prevent any attempt to
naturalize law. Derrida seems to indicate that the best way to achieve it is to admit the
non-reductiveness of justice to law as well as their mutual implication of both in a complex and
aporetic relation. |
