Naivnost vjere u apstrakciju pravnog poretka
The Naivety of Faith in the Abstraction of Legal Order
Author(s): Bernard ŠpoljarićSubject(s): History of Law, Human Rights and Humanitarian Law, Social Philosophy, Philosophy of Law, Sociology of Politics, Sociology of Law
Published by: Hrvatsko Filozofsko Društvo
Keywords: Abstraction; justice; liberty; law; nature; reality; servitude; security; state; truth;
Summary/Abstract: From the perspective of the political theory such is the one in Tractatus Theologico-Politicus by Benedictus Spinoza, the purpose of the state as a legal order is the establishment of the permanent condition of security and preservation of the people’s liberty. This also presumes instrumental-functional purposefulness of the state apparatus, which reflects in the combination of protection and obedience. Such a legislative establishment has its real and abstract dimension. Ideally, the latter is in service of the former. Problems that occur in practice as a challenge to the legal order are states of emergency, which are directly confronting security and freedom thus making them mutually exclusive. From that angle, legal-political thought is in need of a clear and distinct understanding of the concepts of freedom and servitude in the context of submission to the autonomous legislation of mind.
Journal: Filozofska istraživanja
- Issue Year: 42/2022
- Issue No: 03/167
- Page Range: 605-622
- Page Count: 18
- Language: Croatian