The right as political phenomenon: criticism of standard interpretation in the philosophy of right with regard to the connection between law and politics

Abstract

This work reviews the concept of right, pointing out that it is completely autonomous from
politics and moral. This concept has been formulated by juridical positivism and absorbed by
neoconstitutionalism and the theory of juridical argumentation. Opposite to this vision of right,
the concept of law introduced is characterized by the reflection and states that the idea that law is
not only connected with politics but also comes out from the politics itself. Consequently, progress
made in the current school of Frankfurt on the reflection about justice, politics and law will be used