About Kant and Kelsen: on the between García Amado and Atienza

Abstract

First, there is a short historical explanation of the analytical metaethics to understand since there the presence of Kant’s practical philosophy within the ethical and legal thinking from the 70s of the XX century, in competition with legal positivism. Second, we refer to the main arguments of Kant’s ethical and legal thinking. We show how at the dispute between professors García Amado and Atienza, they both share the same common assumptions from Kant. The second one understands them also as normative principles of law. The first one understands them as the main ingredients of ethics from which he is willing to examine ethically a legal system. But the main differences between Kant and Kelsen’s legal positivism is not strictly the object of the dispute.