Abstract

MARCONE, Julieta. Hobbes: between iusnaturalism and iuspositivism. Andamios [online]. 2005, vol.1, n.2, pp.123-148. ISSN 2594-1917.

In this article we will review Hobbes' thought in the light of the two great juridical-philosophical traditions of Modernity (iusnaturalism and iuspositivism) to demonstrate that this author cannot be strictly situated in either of these lines of thought, since, though some elements of his work could tempt us to categorize him as a iusnaturalist philosopher, others force us to recognize him as the precursor of iuspositivism. But this duality, instead of constituiting a dilemma for the interpreters who insist on locating him in one or another cardinal point of the legal philosophy, should be considered a virtue of Hobbesian thought, since it is thanks to this that Hobbes developes a pluralist conception of social order.

Keywords : Hobbes; iusnaturalism; iuspositivism; nature state; pact and State.

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