Filozofska istraživanja, Vol. 42 No. 3, 2022.
Original scientific paper
https://doi.org/10.21464/fi42311
The Naivety of Faith in the Abstraction of Legal Order
Bernard Špoljarić
orcid.org/0000-0002-6446-1063
; Avenija Dubrava 240, HR–10040 Zagreb
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.
Keywords
abstraction; justice; liberty; law; nature; reality; servitude; security; state; truth
Hrčak ID:
295494
URI
Publication date:
16.11.2022.
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