ABSTRACT
Stanley L. Paulson explores the neo-Kantian background of Hans Kelsen's theory of law (legal theory, Rechtslehre). His philosophical work forms a significant conceptual framework for Kelsen. From this background, this chapter proceeds to develop a distinctive approach to the question of the juridico-political in South-West neo-Kantianism. Heinrich Rickert's foundation of social reality, including law, integrates both aspects previously distinguished by Paulson: the methodological aspect and the aspect of the system. The discussion of central elements and the dynamics of Rickert's philosophical system now furnish the basis upon which to formulate an answer to Paulson's problem. By combining methodology and system thinking, Rickert can understand normativity non-naturalistically in methodological terms, and, therefore, defend the 'weak claim of normativity', whilst also maintaining that sociality (and with that law) is an objective value subjects have to obey-the 'strong claim of normativity'.
