Essere e dover essere nel modello weberiano di scienza giuridica

Abstract

In this essay the author discusses Weber’s critique on a book by Rudolf Stammler of 1906 on the „overcoming“ of a materialistic account of history. In his text Weber postulates a double existence of juridical norms: on one hand they can be considered as ideal norms (if considered on the grounds of the logically correct meaning they express); on the other hand they represent empirical precepts that can be determined on the behaviour of concrete men. Marra criticizes Weber’s assumption and its consequences (in particular the division of juridical science into dogmatics and sociology).