Law as Adequate Emotion: Spinoza’s Legacy

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Law as Adequate Emotion: Spinoza’s Legacy
Pointel, Jean-Baptiste

From the journal ARSP Archiv für Rechts- und Sozialphilosophie, Volume 102, June 2016, issue 2

Published by Franz Steiner Verlag

article, 8108 Words
Original language: English
ARSP 2016, pp 261-277
https://doi.org/10.25162/arsp-2016-0013

Abstract

Spinoza might solve the Body-Mind problem with parallelism: physical events are correlated instantly by mental events, which are ideas. Everyone has a force (Conatus) needing a direction (Emotion) to create a motion (Action). With adequate knowledge (Reason), we can reallocate the Emotion adequately to empower us. Modern Spinozism can be summed up as: full naturalism, radical determinism, theoretical antihumanism, denunciation of methodological individualism, and pure relational approach of human realities. Bringing Spinoza in nowadays analysis of law unfolds two paths of study: law is institutions that redirect emotions; law is a tool for emancipation of passions. This leads to four major consequences: legal power is factual power; normativity is based on positive emotions more than on negative ones such as coercion; legal rules are a factor of autonomy and empowerment; jurisprudence can be a causal science.

Author information

Jean-Baptiste Pointel