La forma dell’irrazionale. Negri lettore del classici

This paper explores the emergence of legal formalism in Kant's thought, focusing on its implications for legal philosophy and the interplay between the rational and irrational. Negri examines Kant's resolution of the rationalism-empiricism dualism, where "form" is essential for knowledge but excludes the irrational. The main theme addresses how law, as a "constant form" contrasts with mutable historical and material contents. Kant structures law as a system absorbing conflict into an abstract legal form, but Negri argues this process is less "formal" than a means to manage the irrational, which cannot be fully contained by reason. Negri’s analysis highlights law’s extrajuridical genesis, shaped by social and historical dynamics, such as revolution, revealing law’s connection to material conflicts. His study of Negri’s views on law and freedom, particularly through the lens of Carl Schmitt, shows the tension between formalism and insurgency, which, while irrational, can be understood through formalization.The text concludes by positioning Negri’s critique of legal positivism within the broader philosophical discourse, engaging with Marx, Spinoza, and Leopardi, to explore the relationship between material freedom and its institutional forms.