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vol.23 issue50THE PROBLEM OF CRISIS FROM THE PERSPECTIVE OF EDMUND HUSSERL'S PHENOMENOLOGYSEARLE AND THE POSSIBILITY OF DERIVING AN "OUGHT" FROM AN "IS" author indexsubject indexarticles search
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Escritos

Print version ISSN 0120-1263

Abstract

GOMEZ-ALONSO, Modesto. ABSTRACTION AND NATURE: SPINOZA ON THE RULE OF LAW. Escritos - Fac. Filos. Let. Univ. Pontif. Bolivar. [online]. 2015, vol.23, n.50, pp.179-211. ISSN 0120-1263.

This paper aims at contributing to a better understanding of the historical significance of Spinoza's political theory, arguing that it fares much better in terms of shedding light on the dynamics of power and on the nature of political commonwealths than its Contractualist rivals, and that it deals pretty well with the predicaments and ambiguities that assault modern conceptions of law. By means of a close reading of Spinoza's texts, I argue that Spinoza's metaphysical analysis to determine the nature, conditions, and extent of the State powers is able to circumvent some of the dualisms (rights / law; efficiency / legitimacy; liberty / social compact) plaguing political thought today. Insofar as for Spinoza general consent is the essential requirement of power, and so that people are the true depository of an inalienable and intransferable power, he escapes from a Contractualist model of political norms hostage to Platonist abstract conceptions. Spinoza's account is capable of reconciling the dynamics of power and of freedom.

Keywords : Social Contract; Civil Rights; Naturalism; Rule of Law; Political Power.

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