Journal article Open Access

Secularization of Legal Being in Thomas Hobbs Doctrine

Yu.V. Hotsuliak

The article analyzes the legal doctrine of Thomas Hobbs from an ontological and legal standpoint, which paved the way to the secularization of legal existence from the Middle Ages to the era of the new bourgeois time. It is argued that the eternity of natural laws does not imply their mandatory observance but does mean their continued presence. Hobbes shows that the content of legal existence is revealed in recognition of both the absolute possibilities and the need for their limitations. The principle of ordering is dialectical; it is a search for a balance of permits and prohibitions. The position according to which the special structuring of legal existence legal matter and legal consciousness as a result shapes the state as a place of ordering processes is proved. Unlike antiquity or scholasticism, Hobbes has a legal being unfolded not in outer space but in a subject.

The author shows that for Hobbes the basis of human nature is legal absolutism the primordial right to everything and the legal existence of man begins with the transition from chaos to order from legal absolutism to the abdication of the right to everything. The article argues an ontological conclusion from Hobbes's doctrine that legal being situated in human reflection draws a civilization boundary to human capabilities for the common good of peace and life. Hobbes finds the link between the right to all and peace in the treaty as interchangeable people. Hobbes's position on the key attribute of legal existence justice is analyzed. Hobbes' justice is reduced to the mathematics of the alienation of law that is there must be a sign of equality between what is received and what is given. Determines the ontological place of the category of goods in legal reality, which expresses the desire to disclose the attributes of legal existence and the desire to perform them, as in the whole legal existence is a general provision.

Files (293.8 kB)
Name Size
hotsuliak_69.pdf
md5:25b62a403bc38e924a7d2853cd677c75
293.8 kB Download
0
0
views
downloads
All versions This version
Views 00
Downloads 00
Data volume 0 Bytes0 Bytes
Unique views 00
Unique downloads 00

Share

Cite as