Abstract

Legal-Philosophical Propositions. It is possible to write a Kelsenian ‘Legal-Philosophical Tractate’ analogous to Wittgenstein’s Tractatus Logico-Philosophicus. The following main and first sub-propositions analogous to the main and first sub-propositions of the Tractatus are a proof thereof and give an initial impetus to it (“May others come and do it better”). Unlike Wittgenstein’s Tractatus, that ends with the famous main proposition 7 that one should be silent about what cannot be spoken, a Kelsenian Tractate would not end with an analogous main proposition 7, but with two sub-propositions that show the value of both ‘the speaking’ and ‘the silence’ of positive law.