Resumo

VASCONEZ, Fernando Marcelo  e  TORRES LEON, Leonardo. Main Philosophical Conceptions Of Freedom And Its Presence In The Ecuadorian Constitution. Eidos [online]. 2020, n.32, pp.165-200. ISSN 1692-8857.  https://doi.org/10.14482/eidos.32.123.5.

The paper examines seven philosophical conceptions of freedom -including the distinctions between positive and negative liberty, and liberal and republican liberty-, exemplifying them with great authors in the history of philosophy. On the other hand, in order to enrich the vision with a concrete legal document, we examine the Ecuadorian Constitution of 2008. The central aim of the research is to probe the use made by those who participated in the drafting of that Constitution of philosophical ideas concerning liberty in its threefold relation to: 1) values, such as common good and equality; 2) the correlative duties imposed on individuals and the society at large with respect to the holder of the right to freedom; and 3) the state and its laws. We hope that the results provide greater clarity in those debates of normative philosophy in which freedom is involved.

Palavras-chave : Right to liberty; free will; negative and positive liberty; Constitution of the Republic of Ecuador 2008; philosophical conceptions of freedom.

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