Sulla concezione autonoma della morale e dell'antropologia in Hans Kelsen

The notion of autonomy represents one of the key-concepts of modernity. But what it is its real meaning? Furthermore: what is the relationship of this concept with the categories of emancipation and self-legislation which seem to determine its destiny? This paper addresses these questions by drawing on the philosophical thought of Hans Kelsen. Kelsen adopts, as a matter of fact, the notion of autonomy as one of the central categories of his philosophical – ahead of his juridical – reflection, according to the idea of an authentic return to Kant. This essay offers therefore an original perspective on kelsenian philosophy starting with a comparison with Thomas Aquinas and intends to show how much the claim for the autonomous character of ethics is central in this author. As a matter of fact, in Kelsen’s approach the autonomy of ethics is not only the prerequisite for any anthropology, but also of the same pure doctrine of law. As a result, this essay contributes to the understanding of Kelsen’s philosophical anthropology beyond the non-personalistic character of his legal theory.