De la locura y la inseguridad del derecho a la racionalidad y el orden de la ley. Lectura dialéctica de Thomas Hobbes

Abstract

I take for granted as a starting-point the anthropological antinomy on the individual/social nature of man. This antinomy is constituted politically in Hobbes’ thought as the antinomy individual/society, whose legal expression gives rise to the antinomy right/law —in his iusnaturalist conception— which reflects as well the anthropological antinomy passion/reason. This dialectical conception is only implicit in his political and legal philosophy; however, it becomes obvious if the underlying anthropology is analysed. Therefore, the problems derived from this dialectics require a dialectical solution in accordance with the dialecticity of its anthropological foundation. That is why Hobbes’ legal and political philosophy was not and is not still adequate or effective, but in a partial or negative way.