THE CONCEPT OF JUSTICE IN THOMAS HOBBES AND THE CONNECTION BETWEEN SOCIETY, LAW, POLICY AND LAW

被引:1
作者
Cappellari, Rodrigo Toaldo [1 ]
机构
[1] Univ Vale Rio dos Sinos, Filosofia, Sao Leopoldo, RS, Brazil
关键词
Thomas Hobbes; Justice; Law; Politics;
D O I
10.14195/2175-0947_6-2_7
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
This article aims to provide a reflection on the turnaround positivist concept of justice, having as one of its main exponents the philosopher Thomas Hobbes, that with a brilliant way managed to defend a law positive with the natural law itself, making in a way, an understanding jusnaturalistic civil law, as for the philosopher, civil law is a necessity derived from natural law, specifically the first three, which will discuss in Chapters XIV and XV of Leviathan, so take philosophers such as Norberto Bobbio to affirm that while Hobbes belongs to the tradition of natural law, is also considered a precursor of legal positivism. This connection between society, law, justice, politics and law, is without a doubt, worked brilliantly by Hobbes, and we can take the Hobbesian concept of justice as a turning point for an adequate approximation between politics and law. In the idea of just in Hobbes, there is a large supply of legitimacy for the exercise of political power and understanding of law as a means to achieve it makes possible the connection between the fields. This reflection is what will the present study: an analysis of the natural and civil law in Hobbes, focusing on the concept of justice and any subsidy that this concept will bring in governmentality, legitimacy of government, relations between state and subjects and between themselves, among other aspects, which have been modified after the work Hobbesian.
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页码:117 / 138
页数:22
相关论文
共 15 条
[1]  
Bobbio N., 1997, AUTOBIOGRAFIA
[2]  
BOBBIO N., 1995, POSITIVISMO JURIDICO
[3]  
BOBBIO Norberto, 2003, PROBLEMA GUERRA VIAS
[4]  
Bobbio Norberto, 1991, T HOBBES
[5]  
CASTELO BRANCO Pedro Hermilio, 2004, REV SOCIOLOGIA P NOV, P23
[6]  
Hobbes Thomas, 1979, LEVIATA MATERIA FORM
[7]  
LAFER Celso, 1991, REV BRASILEIRA FILOS, V34, P243
[8]  
MONTEIRO Joao Paulo, 1998, CLASSICOS PENSAMENTO, P77
[9]   WAS HOBBES A LEGAL POSITIVIST [J].
MURPHY, MC .
ETHICS, 1995, 105 (04) :846-873
[10]  
OSTRENSKY Eunice, 2005, REVOLUCOES PODER