Paper's abstract

Salvatore Amato, "Nothing that is": Legal presences of the immaterial
The author tries to point out 3 different ways to consider the relation between law and immaterial: "absence" as "presence of infinite" (romanistic model), "absence" as infinite presence" (jusnaturalistic model), "absence" as "presence of the void" (Kelsenian model). The metahistorical problems hiding behind this scheme are: transcendence, immanence and contingency. Law is always different from a peculiar event, of the peculiar appearance (transcendence), law is always equal to itself, it always has an immutable data which guarantees its intimate coherence (systemic immanence), law changes, it's an unending affirmation and negation (contingency). Immaterial is behind all these aspects.

Key Words : absence, presence, jusnaturalism, Kelsen, transcendence, immanence, contingency
t. 43, 1999 : p. 45-59

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