The present paper attempts to investigate the conceptual relationship between «Law» and «State» in Gentile’s doctrine. If we consider them discretely, these two elements seem theoretically clear. But, when analyzed together, they assume problematic features and show themselves in a completely different light. When approached in this sense, they entail significant philosophical implications. More specifically, the aim of this article is to argue the condition of «suspension of law» in Gentile’s works. Such condition is determined by the ambiguous position that leaves the legal domain to the mercy of political will, on one hand, and in dependence of morality, on the other. These issues reveal the undeniable contradictions characterizing legal actualism, especially with respect to the concept of law and the relationship between individuals and state authority.
