Immanenza e trascendenza nella teoria della legalità^*

Salvatore Amato**

The analogy between God and State is constantly present in the juridical thought. The analogy helps us reflect on the role of legality and on the meaning of social union. Schmitt is absolutely convinced that the true categories in discussion are transcendence and immanency. Kelsen convinced himself otherwise. In the background we can see the influence of Kierkegaard and Freud. Kierkegaard with the idea that human identity is founded on radical choices between good and evil. Freud with the idea that the morality is an illusion created by humanity itself. However different these views may be, they analyze the problem of the legality in terms of we may call the essence of a fundamental constraint on the juridical decision-making process.