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Opinión Jurídica
versão impressa ISSN 1692-2530versão On-line ISSN 2248-4078
Resumo
GOMEZ ALONSO, Modesto M.. Principles of political conservatism. Opin. jurid. [online]. 2009, vol.8, n.16, pp.63-79. ISSN 1692-2530.
We pretend: (i) To show how Conservatism is grounded on a rationalist conception of human nature which, being opposed to the anthropological model proposed by Hobbes, acknowledges both the power of reason over passions and that human beings are weak but not wicked. In this sense, the moderate politics of conservative parties comes from a mitigated pessimism. (ii) To point out that, according to this paradigm, states at heart are designed to protect minorities, to preserve equality of rights, to devise effective checks upon preponderant majorities and unrestrained governments and to enhance rational freedom. The only criterion of political legitimacy is to abide by law. (iii) Finally, to stress that, because tyranny is subjection of law to the naked force of the will, be it the will of a leader, an assembly or popular will, Conservatism is the rampart of Constitution and true Democracy, and thus, the shelter of the natural state for men.
Palavras-chave : Constitution; Civil State; Equality of Rights; Government; Popular Will; Rational Freedom; Rationality; State of Nature; System of Checks and Counterbalances.