ABSTRACT
The modern political order is not natural, but artificial. This means that it is a human order, built ex nihilo from a human decision. Hobbes gives the best explanation of the mechanism that produces the political order. This chapter focuses on the approach of Max Weber and Hans Kelsen to the question of how the distinction between public and private, which is considered necessary for order and internal peace, may be accommodated with the right to participate in political life. Weber thinks that the Fuhrerdemokratie is the destiny of the contemporary State; the contemporary democracy is by necessity Fuhrerdemokratie. For Kelsen, democracy is not the direct expression of the power of the people. For Kelsen and Weber, in contrast to Carl Schmitt, Leibholz, Heinrich Triepel and a significant proportion of German theorists of the State, political and social pluralism is a necessary presupposition of modern political existence.
