ABSTRACT
The underlying presumption of a reconstruction the notion of the juridico-political is organized into four analytical parts. Each part concentrates upon a particularly indicative element, within the notion of the juridico-political, through which to trace a theoretical process of reconstruction and, thus, specific aspects of affinity and divergence. The pertinence arises, in the first path of reflection, through the consideration of the concept of democracy in the work of Hans Kelsen and Max Weber. The constitutional, multi-party democracies, instituted by the Weimar Republic and the Austrian Republic, exist as forms of representation and rule. This, in turn, leads to the second path of reflection, the reconstruction of the notion of the state. The Weberian conception of the state contains an implicit transformation of the German tradition of Staatslehre/Staatswissenschaft. The common absence of a theory of legal rights in Weber and Kelsen is the methodological counterpart of the concentration upon a more general analysis of law.
