The book forms a balanced structure in which the three conceptual pillars of Spinoza's natural law theory (individuality, natural laws, and power) are first analyzed from the viewpoint of his ontology and then from the viewpoint of his ...

Epistemic impairment has been the decisive yardstick when excluding infants from political agency. One of the suggestions to bypass the epistemic requirement of political agency and to encourage th...

A theory of intergenerational justice consists in the study of the moral and political status of the relations between present and past or future people, more specifically, of the obligations and entitlements they can potentially generate. The challenges that justify talking about responsibilities between generations are myriad. And the disputes they prompt can focus on the past just as much as on the present, even though the fact that the human species has reached a state of technological progress that enables (...) it to have an irredeemable impact on the planet and perhaps even endanger future human existence tends to make concerns about the future more pressing. Debates on intergenerational justice are twofold. The first revolves around the issue of whether claims of justice across generations whose members' lifetimes do not necessarily overlap could be justified. And the second revolves around the specific conception of justice in play, that is, around the nature of the standard that must be applied as well as around the identification of the contents of the duties that present generations supposedly have vis-à-vis past or future generations. This survey article depicts the conceptual and argumentative framework in which these debates are set. It aims to outline certain of the main features shared by the most influential contemporary theories of intergenerational justice, and the problems inherent in them. It concludes by suggesting that, even though the idea of succeeding generations is merely an abstraction, there are specific empirical states of affairs that require different theoretical responses to intergenerational justice. (shrink)

The place of the State in Spinoza's ontology has emerged in scholarly literature as one of the most complex issues involving Spinoza's political thought. At issue is whether Spinoza's State is an actual individual with its own conatus . Some consider it a completely real individual, others say that its individuality can only be metaphoric, whilst others point out the conceptual insufficiency of this polarity for explaining the ontological status of political aggregates and try to overcome it through new concepts, (...) such as the multitude, transindividuality, and figuration. In this paper, each of these interpretations is analyzed and dismissed in favour of a new one stating that Spinoza's State is actually a dynamic network of political concepts operating in resemblance of individuality and reflecting the main characteristics of the modern Nation-State. (shrink)

In the debate between the Historische Rechtschule (Hugo and Savigny) and Hegel about who is legitimately entitled to develop legal theory, the former considered philosophy of law to be inherent to systematic science of law, whereas the latter considered the concept of Law in a necessary transdisciplinary dialectic – there would then be a difference between ‘the jurists’ philosophy of law’ and ‘the philosophers’ philosophy of law’. I will demonstrate that such distinction cannot stand. A ‘jurists’ philosophy of law’ does (...) not exist precisely because legal norms and their application are merely one of the law’s moments. The law’s attitude is one of inclusion: philosophy of law’s disciplinary autonomy occurs in the law’s interdisciplinary immanence. (shrink)

There is a gap between Rand 'sethical egoism and today's global capitalism on at least six points. Since her version of " capitalism : the unknown ideal" addresses none of these points, it cannot resemble the reality of today's global capitalism. The connection between Objectivist ethics and politics is preserved by a possible change in her minarchical political philosophy. This will mean that there is no necessary connection between ethical egoism and minarchism or between ethical egoism and minimal government intervention. (...) An ethically hard Objectivism determining the unknown ideal of capitalism leaves room for a politically soft Objectivism. (shrink)

Legal positivism understands natural law as performing classifying connections between morality and law as tests of legal validity: if a norm with some pretence to legality contradicts a moral good, it cannot be called a legal norm. The new natural law school, however, claims that natural law develops qualifying connections between morality and law: tests of legal validity are performed by non-moral criteria such as due enactment or efficacy, and morality determines not what the law is, but rather which law (...) is legally binding and which is legally defective. This article will demonstrate that Aquinas's endorsement of the lexeme lex iniusta non est lex cannot be interpreted in any of these senses. Rather, Aquinas's strong version of natural law indicates clearly that it can indeed be a classifying criterion of positive law, and that it cannot be the only and exclusive criterion of legal validity. (shrink)

This paper engages with Suárez’s writings on the origins of political power in order to ascertain whether he can be considered a social contract theorist at all. It focuses on specific details of his consent theory, namely the ‘who’, the ‘what’, the ‘how’ and the ‘what for’ of the agreements that originate government. The conclusion shows that even though his systematic treatment of contracts falls short of becoming a social contract theory in the same way as modern contractualist thinkers, he (...) can still be considered a social contract theorist in the tradition of the School of Salamanca. (shrink)

ABSTRACTA much debated passage in the Metaphysics of Morals often leads commentators to believe that it is not possible to act from juridical duty. On the one hand, Kant says that all lawgiving inc...

O “paradoxo da liberdade” consiste em esta só poder ser atingida através da obediência, a qual é vista frequentemente como o contrário da liberdade. Neste artigo, demonstrar-se-á que o paradoxo começa por nascer em Maquiavel, o qual, porém, deixa-o em aberto ao colocar a liberdade tão-só dentro de um contexto de governação. Spinoza, contudo, dará um passo em frente na sua abordagem à liberdade política. Ele aborda esta problemática diretamente nos seus dois tratados políticos e ambos expressam o mesmo entendimento (...) da liberdade, embora através de diferentes instâncias terminológicas. A solução spinozana combina um conjunto de critérios variados para a determinação da liberdade política, tanto da perspectiva do indivíduo como da perspectiva do Estado. Todavia, a sua combinação não é simples cumulação, mas sim uma complexa escala permitindo medir a liberdade em graus. Dessa maneira, Spinoza consegue fazer com que diferentes tipos de liberdade se compatibilizem com diferentes tipos de obediência. (shrink)

Through fourteen original essays, the book seeks to understand the viability of the notion of sovereignty in a globalized world, thus taking into account the inclusion of a language of rights, limitation and legitimacy. It examines sovereignty using a normative approach.

ABSTRACTOne of the recurrent motifs in political thought is the idea of the social contract, according to which a society, a government, or moral principles depend for their existence on agreements...