A paradox of contemporary intellectual situation in state policies. An analysis from Kelsen and Kant

Abstract

Placing itself from a question about the "State policies", the article seeks to contribute to the knowledge of state and society transformation in peripheral countries. This methodological concern focuses on the philosophy of law and of politics through the sociological perspective and the "analysis of public policies". It addresses the work of societies that have recently agreed to modern institutions of control and who have adapted them in various ways. The common thread is that the "basic norm", the "rule of recognition" and the "moral principles" are complementary "ideas" which are at the bases of State action and understanding, or of the "jucicial dynamics" or of the "institutional policies of political control”.