Business ethicists should examine ethical issues that impinge on the perimeters of their specialized studies (Byrne 2011 ). This article addresses one peripheral issue that cries out for such consideration: the international resource privilege (IRP). After explaining briefly what the IRP involves I argue that it is unethical and should not be supported in international law. My argument is based on others’ findings as to the consequences of current IRP transactions and of their ethically indefensible historical precedents. In particular I (...) examine arguments from political philosophy for more equitable distribution of resources and appeals to property rights as a means of achieving this; business ethicists’ critiques of contemporary resource appropriations; and legal historians’ accounts of despoliation of aboriginal peoples, especially in what is now the United States, involving acquisition via conquest, asserted jurisdiction, and religious and racial preeminence. I also consider relevant human rights’ standards; supportive views of some theorists, especially early modern realists and current supporters of group rights and multidimensional rectification; some de facto incidences of substantive restitution; and proposals for effecting further rectification. (shrink)

Looking back at the "War on Terror" and its policies, actions, and the violence that followed, this book analyzes the resulting changes in international power structures and the relationship between citizens and their representatives. It defines our shortcomings in opposing this type of violence by demonstrating how the notion of legitimate violence has been broadened. -/- The impact of the "War on Terror" on the public view of Liberalism is explored, as well as its effects on the role of state (...) authorities in our lives. Thus, this book names the lessons we ought to learn from the actions taken against terrorist organizations. (shrink)

Liberal political thought is underwritten by an enduring fear of civil and state violence. It is assumed within liberal thought that self?interest characterises relations between individuals in civil society, resulting in violence. In absolutist doctrines, such as Hobbes?, the pacification of private persons depended on the Sovereign's command of a monopoly of violence. Liberals, by contrast, sought to claim that the state itself must be pacified, its capacity for cruelty (e.g., torture) removed, its capacity for violence (e.g., war) reduced and (...) controlled. A core tension within liberal thought thus arises between containing civil violence by empowering the state and containing state violence by constraining the state. One result of this tension is the highly selective conception of ?pacification? within liberalism, which, historically, has accommodated indifference to endemic violence, both within civil society, and beyond civil society ? as in (past) arguments licensing imperialism and in (present) arguments for disciplining ?rogue? states. (shrink)

Hume's account of the passions is largely neglected because the author's purposes tend to be missed. The passions were accepted by early modern philosophers, of whatever persuasion, as the mental effects of bodily processes. The dualist and the materialist differed over whether reason is a higher power able to judge and control them: thus Descartes affirms, whereas Hobbes denies, this possibility.Hume's account lines up firmly behind Hobbes. Although he shies away from Hobbes's dogmatic physiological claims, he affirms all the key (...) elements of the psychology Hobbes based on them: the nature of the will, the compatibility of freedom and necessity, the subservience of reason to passion, and the motivating power of pleasure and pain. Hume's account is thus best regarded as implicitly materialist. It is not, however, merely disinterested analysis: it aims at criticism of orthodox religious values. The passions are not threats to morality, but virtuous or vicious according to their pleasurable or painful nature. Thus the status of pride and humility is reversed. Hume's account of the passions underpins a rejection of orthodox religious morals, and endorses the values of antiquity — of pagan virtue. (shrink)

Why do so many people remain so passive in the face of today’s massive, looming economic, political, and ecological crises, such as climate change? Despite some notable rhetorical and regulatory examples, attempts to stem climate change have, as a rule, not come to frame the activities of most citizens. The inability to confront the imperative of social transformation today is a complex, manifold problem. At root, it has to do with fundamental systemic features of a global social system that we (...) all contribute to reproducing in our everyday lives. While these features do not preclude political engagement, innovation, and action, they do undermine the bases of movements towards truly systemic transformation. This article focuses on one such feature, reification, as a social-structural foundation of passivity that impedes the social innovations required to tackle the climate crisis. (shrink)

The future of philosophy is moving towards “global philosophy.” The idea of global philosophy is the view that different philosophical approaches may engage more substantially with each other to solve philosophical problems. Most solutions attempt to use only those available resources located within one philosophical tradition. A more promising approach might be to expand the range of available resources to better assist our ability to offer more compelling solutions. This search for new horizons in order to improve our clarity about (...) philosophical issues is at the heart of global philosophy. The idea of global philosophy encourages us to look beyond our traditions to improve our philosophical problem-solving by our own lights. Global philosophy is a new approach whose time is coming. This essay offers the first account of this approach and an assessment of its future promise. (shrink)

In this discussion with Craig Browne, Luc Boltanski comments on how his recent work reconsiders the questions of agency and the nature of social explanation. Boltanski reflects on the connections between his investigations of grammars of justifications and his later work with Eve Chiapello on the historical transition to a new spirit of capitalism. The significance of politics, conflict and critique to Boltanski’s sociology are highlighted. Bolanski explains why he regards May 1968 as a major disruption of the capitalist social (...) order and how the conservative response to this contestation subsequently prevailed in France. The reorganisation of capitalism in recent decades has increased social division, yet Boltanski believes that the recent recession and existing discontent could lead to unexpected outcomes. (shrink)

La democracia, entendida como el horizonte moral de la sociedad occidental, ¿necesita la terminación de la filosofía como saber fundante último? ¿Conllevan todos los relatos del fin de la filosofía una derrota de la verdad en favor de la opinión, una transformación y subordinación del propio discurso filosófico a la forma de convivencia que se considera más justa, más abierta, más inclusiva? Dicho de otra manera, ¿la pregunta sobre qué tipo de vocabulario y de acercamiento filosófico puede servir mejor a (...) la libertad humana tiene que ser la pregunta filosófica fundamental? ¿Habría que hacerle entonces a la filosofía las mismas terroríficas preguntas que Lenin le hizo a la libertad: filosofía sí, pero, ¿para quién, para hacer qué? A lo largo de este ensayo, se abordan estas cuestiones de la mano de dos relatos que teorizan el final de la filosofía con más de cuatrocientos años de diferencia. el primer relato es obra de Thomas Hobbes. el segundo, lo protagonizan Gianni Vattimo y Richard Rorty. el juego de espejos que se estable en el texto entre ambas narrativas quiere ser una reflexión sobre la identidad del discurso filosófico y su implementación en la institución universitaria en el marco de las democracias del siglo XXI. (shrink)

Viewed in its entirety, moral philosophizing, and the moral behavior of people throughout history, presents a curious puzzle. On the one hand, interpersonal duties display a remarkably stable core content: morality the world over enjoins people to keep their word; refrain from violence, theft and cheating; and help those in need. On the other hand, the asserted motives that drive people’s moral actions evince a dazzling diversity: from empathy or sympathy, to practical or prudential reason, to custom and honor, cultural (...) identity, excellence and independence, faith and spirituality, narrative and beauty, and more besides. I term this twin phenomenon—a core of fixed moral duties driven by diverse motives—“moral motive pluralism.” In this article, I marshal evidence to show the prevalence of the phenomenon. Contrary to widespread assumptions, across generations and cultures, diverse motives drive different people to perform their moral duties. But despite this diversity, each different motive impels conscientious compliance with the same core moral duties. I argue this phenomenon undermines key types of evidence commonly employed to justify popular moral philosophies, and provides us with reason to seriously consider certain sorts of ethical theories—especially “functionalist” accounts of morality. (shrink)

Locating the history of male honour in the perspective of his philosophical anthropology, Mandeville is able to show that the rituals of modern honour are an exemplary expression of that spontaneous, artificial order stemming out of a natural disposition of human passions. For Mandeville, duelling provides decisive evidence that the desire for approval from others, even at the cost of one's life, is a dominant motive in man's behaviour. The aim of this paper is to review selected Scottish responses to (...) the questions raised by Mandeville's views on ‘Modern Honour’ and his provocative defense of duelling. (shrink)

Locating the history of male honour in the perspective of his philosophical anthropology, Mandeville is able to show that the rituals of modern honour are an exemplary expression of that spontaneous, artificial order stemming out of a natural disposition of human passions. For Mandeville, duelling provides decisive evidence that the desire for approval from others, even at the cost of one's life, is a dominant motive in man's behaviour. The aim of this paper is to review selected Scottish responses to (...) the questions raised by Mandeville's views on ‘Modern Honour’ and his provocative defense of duelling. (shrink)

Derrida insists that any effort to think theological–political power “in its possibility” must begin with the death penalty. In this paper, I revisit the death of Moses Paul, “an Indian,” executed in New Haven in 1772 for the murder of Moses Cook, a white man. The Mohegan minister Samson Occom delivered Paul’s execution sermon and accompanied him to the gallows. Revised, Occom’s sermon was one of the first works published by a Native American author in English. Occom suggests there can (...) be a theological–political power that signals itself not by decreeing the death penalty, but by opposing it. Hence sovereignty can be thought, with and against Derrida, as the theologico-political power to restore life. By opposing death to grace, moreover, Occom achieves a division of sovereignties, creating an opening for Indigenous nations within the scaffolding of the settler state. Working in collaboration, then, Occom and Paul produce a political theology. (shrink)

Some scholars have argued that Margaret Cavendish was ambivalent about women's roles and capabilities, for she seems sometimes to hold that women are naturally inferior to men, but sometimes that this inferiority is due to inferior education. I argue that attention to Cavendish's natural philosophy can illuminate her views on gender. In section II I consider the implications of Cavendish's natural philosophy for her views on male and female nature, arguing that Cavendish thought that such natures were not fixed. However, (...) I argue that although Cavendish thought women needed to be better educated, and could change if they had such an education, she also thought their education should reinforce the feminine virtues. Section III examines Cavendish's notorious “Preface to the Reader” (from The Worlds Olio), where Cavendish claims that women are naturally inferior in strength and intelligence to men. Section IV addresses another notorious Cavendish text, “Female Orations,” arguing that its message is similar to that of the “Preface to the Reader.” Nonetheless, although Cavendish held conventional views about male and female nature and appropriate gender roles, she also recognized how social institutions could limit women's freedom; section V explores the complexities of Cavendish's critique of one such institution, patriarchal marriage. (shrink)

Kant claimed that we have a duty to seek peace, and encouraged a hope for peace to support that duty. To encourage that hope he argued that peace was reasonably likely. He thought that peace was reasonably likely because he believed that historical trends would create opportunities to implement his plan for peace. But authorities claim that globalization is undermining such opportunities. Consequently Kant's arguments can no longer sustain our hope for peace. We can sustain that hope by devising a (...) new plan for peace that globalization will give us opportunities to implement. But in order to devise such a plan we need to sustain our hope for peace. We can sustain such a hope by reflecting on the value of peace because hope is sustained not only by the belief that the object of hope is likely, but also by the conviction that it is valuable. In this way we can perhaps sustain a hope for peace that will support our duty to seek peace. But the fear of war and compassion for the victims of war may also support the duty to seek peace. Kant ignored these opportunities to support the duty to seek peace because they could support only the duty to avoid war. But Kant never showed that the duty to seek peace—as he saw it—outweighed the duty to avoid war. I conclude that Kant's arguments lead us to endless war rather than to peace. (shrink)

Development economists have suggested that the hopes of the poor are a relevant factor in overcoming poverty. I argue that Kant’s approach to hope provides an important complement to the economists’ perspective. A Kantian account of hope emphasizes the need for the rationality of hope and thereby guards against problematic aspects of the economists’ discourse on hope. Section 1 introduces recent work on hope in development economics. Section 2 clarifies Kant’s question “What may I hope?” and presents the outlines of (...) his answer. Crucially, hope is rational if it is rational to trust in the structures of reality on which the realization of one’s hope depends. Section 3 argues that central tenets of Kant’s account of what makes hope rational can be applied to the context of poverty. It becomes apparent that the poor often have good reason to be hopeless since they may not trust fundamental structures that are necessary for realizing their hope. Thus, the insight that the poor need more hope must go hand in hand with a commitment to establishing trustworthy political structures, such that their hope can be rational. Section 4 highlights the relevance of the secular highest good for a better understanding of the justification and scope of our duties to the poor in a Kantian framework. (shrink)

A number of important legal theorists have recently argued for metaphysically realist approaches to legal determinacy grounded in particular semantic theories or theories of reference, in particular, views of meaning and reference based on the works of Putnam and Kripke. The basic position of these theorists is that questions of legal interpretation and legal determinacy should be approached through semantic meaning. However, the role of authority (in the form of lawmaker choice) in law in general, and democratic systems in particular, (...) require that these realist solutions to the problem of legal determinacy be rejected, or at least significantly revised. (shrink)

In a tribute to the intellectual legacy of Peter Fitzpatrick, this article explores the poiesis of modern law, as a constitutive ambivalence distilled in the affinity between law and literature. Reading with Fitzpatrick, the resolution of the contradictions of this law in myth depends, paradoxically, upon its fundamental irresolution. Reflecting upon the profound significance of his revelation of the mythology of modern law and its scholarly reverberations, I consider the constitutive tensions of this law as exemplified in the relation between (...) praxis and poiesis, the operative function of the former dependent upon the creative unfolding of the latter. The alchemy of autopoiesis, by which law boldly proclaims itself law, is made explicit in the eschatology of its archive and the formation of its sovereign subject in negation. Revealing the literary dimensions of this law, the conceit of autonomy is nonetheless subject to the subversive substitutions of the supplement. Pressing yet further, the autopoiesis of law is found to be enfolded within a generative sympoiesis, constituted by the movement between its apposite dimensions. Ultimately, extending Fitzpatrick’s rendering of the irresolution of modern law as decolonial, I explore the possibilities afforded by a reading of the fundamental mutuality of myths, and the decolonial conviviality of poiesis. (shrink)

This paper suggests that rights are best seen as being part of the description of a social state rather than as constituents of the mechanism by means of which society selects a social state. A theory of this kind is outlined in which a social state is modeled as an equilibrium in the game of life played by the citizens of a society.

That there is some connection between politics and human nature is a commonplace, but why and in what way they are conjoined is disputed. Aristotle's practice of comparing humans with other animals, and not conceptually divorcing them, is fruitful. By adopting a similar practice an indirect linkage (rather than Aristotle's direct one) between human nature and politics is identified. The strategy is to locate at least one universal aspect of human nature which is non‐political that, nonetheless, carries with it a (...) requirement that universally calls forth a political response. The aspect is reproductive sex and the need to ensure that offspring survive. In humans, the natural fact of paternal uncertainty is dealt with by conventions, but, because of this, these vary (for example, as between matrilineal and patrilineal kinship systems). But what is necessitated amid this variety is a need to establish an authoritative allocation of responsibility for nurture. Politics is the exercise of that authority. However, because of its roots in conventions called forth by human nature, the link is indirect. The conclusion is that contemporary attempts to re‐establish a direct link are bound to be inconclusive. (shrink)

Since Descartes, mathematics has been dominated by a reductionist tendency, whose success would seem to promise greater certainty: the fewer basic objects mathematics can be understood as dealing with, and the fewer principles one is forced to assume about these objects, the easier it will be to establish a secure foundation for it. But this tendency has had the effect of sharply limiting the expressive power of mathematics, in a way that is made especially apparent by its disappointing applications to (...) the social sciences. We should move in the opposite direction: toward a mathematics that deals in general with constructed objects, and whose scope includes fictional, poetic characters as much as numbers and sets. (shrink)

The relationship between adults and children in liberal democracies is based on two flawed assumptions that are widespread: first, that childhood is an impediment, a passing phase of impaired maturity; and second, that children benefit from the proliferation of rights ascribed to them. Social institutions, and particularly the education system, are correspondingly misconstrued. This article focuses on the combined effect of vulnerability and autonomy as they construct contemporary childhood. I conclude that adults' obligations rather than children's rights are the appropriate (...) social, political and educational basis for adult society's relations with children. (shrink)

(2001). The rule of law and the rule of persons. Critical Review of International Social and Political Philosophy: Vol. 4, Trusting in Reason: Martin Hollis and the Philosophy of Social Action, pp. 221-251.

What is citizenship? This question goes back to the political philosophy of Aristotle, and how one answers it will be decisive in determining one's vision of political life. In the last ten to fifteen years, the question of citizenship has aroused a renewed set of extremely lively debates within political philosophy, and Iris Marion Young has certainly occupied an important place within these theoretical debates. In particular, Young—especially in her seminal article, Polity and Group Difference: A critique of the ideal (...) of universal citizenship—has presented a sharp challenge to all political theorists who are in some broad sense intellectually nourished by the tradition of civic republicanism and who think about the theme of citizenship under the influence of civic‐republican conceptions. In essence, Young's argument is that the practices of contemporary liberal society show that the implicit normative promise contained in the idea of a universal citizen identity has not been fulfilled, and therefore we must rethink this notion from the ground up. The purpose of my essay is to review the arguments that constitute Young's challenge to the civic‐republican tradition, with a view to clarifying the following questions: Is Young's political theory aimed at a reconstruction of the idea of citizenship on a normatively more sound basis? Or does her project imply a rejection of the idea of citizenship, and its displacement by an alternative understanding of political membership? (shrink)

In The Stillborn God, Mark Lilla illuminates why “political theology” remains relevant today, in a world we might have assumed was thoroughly secularized. Lilla suggests that political theology is the norm, and that Christianity inadvertently gave birth to an exception. But the exception—liberal theology, or a separation of church and state that would give full play to religious impulses—was doomed. Religious impulses were not satisfied by mere moral sentiment, as offered by Rousseau and Kant; and Hegel opened the door to (...) messianism—and eventually to Hitler—by bringing a philosophical version of redemption into liberal theology. (shrink)

This article surveys the major historical developments in Western philosophical reflection on war. Section 2 outlines early development in Greek and Roman thought, up to and including Augustine. Section 3 details the systematization of Just War theory in Aquinas and his successors, especially Vitoria, Sua´rez, and Grotius. Section 4 examines the emergence of Perpetual Peace theory after Hobbes, focusing in particular on Rousseau and Kant. Finally, Section 5 outlines the central points of contention following the reemergence of Just War theory (...) in the 1970s. (shrink)

The digital revolution invites a reconsideration of the very essence of politics. How can we think about decision, control, and will at a time when technologies of automation are transforming every dimension of human life, from military combat to mental attention, from financial systems to the intimate lives of individuals? This article looks back to a moment in the 20th century when the concept of the political as an independent logic was developed, in a time when the boundaries and operations (...) of the classic state were in question. At the same moment, a whole new technological era was opened up with the emergence of intelligent machines and computers in the postwar cybernetic age. Technology, and cybernetics in particular, loomed large in Carl Schmitt’s articulation of the concept of the political, while the problem of radical open decision was at the heart of influential cybernetic approaches to politics. Linking these was the idea of entropic decay. Schmitt’s invocation of the theological concept of the Katechon, who restrains chaos in the time before Christ’s return, in fact exemplifies the new understandings of order in a cybernetic age facing new challenges of technology in a globalized condition. (shrink)

Conventions and leaders are believed to be the two pillars of justice and order in society. This paper evaluates this proposition and draws attention to two intriguing ways in which these pillars can malfunction. The argument is constructed by creating two new games, Greta’s Dilemma and the Incarceration Game. An awareness of these problems can help us use our ‘moral intention’ to reexamine our own collective behavior and to design prior conventions, which limit the power of the leader.

General theory of law (general jurisprudence, allgemeine Rechtslehre) has often claimed to deal with general or universal concepts, i.e., concepts which are deemed to be common to any legal system whatsoever. At any rate, this is the classic determination of such a field of study as provided by John Austin in the nineteenth century—a determination, however, which deserves careful analysis. In what sense, indeed, can one assert that some legal concepts are common to different legal systems? And, above all, in (...) what sense can one assert that some concepts are common to different languages and cultures? My paper sets out to discuss such questions—although, obviously, they are too complicated to be answered in a single paper. The first section reconstructs the Austinian argument for general jurisprudence by placing it in its historical context. The second section tries to apply to legal concepts some suggestions derived from the contemporary debate on conceptual relativism. The third section, returning to the Austinian problem, comes to the following conclusion: Even if conceptual relativism were true and there were no general or universal legal concepts, this would not invalidate in any way the didactic and scientific value of (general) theory of law. (shrink)

This article intends to re-examine Rousseau’s educational theory in the context of the nature/culture opposition. In contemporary discussions on the nature/culture dualism, it has been often stated that his educational theory is based on the assumption that a child is a natural being. However, the author demonstrates that Rousseau was instead committed to a duality of human nature; this influences his educational theory. In his model, human nature consists of a natural and a social side; these two parts are in (...) conflict which seems unsolvable due to the present state of society. A child is regarded as a figure which is open to the future reconciliation of nature and culture. Thus, Rousseau’s model of education is presented not from the standpoint of the present state of society, but from the standpoint of an ideal state which might be built in the future. In addition, the examination of human duality allows one to show that Rousseau’s ideas on civil and private education are closely interrelated. (shrink)

This article examines Russell Hardin's interpretation of Hume's argument that great social order depends on coordination convention. The main argument shows that despite an apparent move in that direction Hume's main argument is that justice and the other convention-based virtues rest on a cooperative convention which solves a prisoner's dilemma problem and that states are required when a society exceeds some small size because only states can solve the large number prisoner's dilemma problems that constitute the 'problem of social order'. (...) In this Hume's argument is indebted to the original form of this argument found in Hobbes's Leviathan. (shrink)

(2001). Collective reasoning: A critique of Martin Hollis's position. Critical Review of International Social and Political Philosophy: Vol. 4, Trusting in Reason: Martin Hollis and the Philosophy of Social Action, pp. 171-192.

RESUMO O objetivo deste artigo é analisar a concepção de liberdade encontrada em "Discourses concerning government" de Algernon Sidney. Mantendo a perspectiva republicana, a liberdade é definida pela ausência de dominação, ou seja, pela não submissão, sujeição ou exposição à vontade arbitrária de outra pessoa; e assumindo a perspectiva jusnaturalista, a liberdade é considerada um direito natural, inerente à condição humana, que deve ser preservado e assegurado pela autoridade política. Pretende-se discutir como Sidney articula essas duas perspectivas em sua teoria (...) política, projetando a concepção republicana de liberdade na modernidade.ABSTRACT The objective of this paper is to analyze the concept of freedom found in Algernon Sidney’s "Discourses Concerning government". Keeping the republican thought, freedom is defined by the absence of domination, i.e., the denial of submission, bondage or exposure to the arbitrary will of another person; and taking the jusnaturalist thought, freedom is considered a natural right inherent to the human condition, which must be preserved and guaranteed by the political authority. I intend to discuss how Sidney articulates these two perspectives in his political theory, outlining the republican conception of freedom in modernity. (shrink)

Em recente artigo, o ministro do STF Luís Roberto Barroso defendeu o exercício de um papel representativo pelo Poder Judiciário, como forma de dar voz a uma vontade da maioria não captada pelas regras de direito positivo devido às distorções dos mecanismos institucionais fundados no voto. O presente trabalho tem como objetivo investigar se essa reivindicação é compatível com a noção de Estado Democrático de Direito levando em consideração tanto a possibilidade de se aferir a vontade empírica da maioria à (...) parte dos mecanismos institucionais fundados no voto quanto a função do Judiciário nesse tipo de sociedade. Por fim, sugere a possibilidade de reconhecer um papel representativo ao Judiciário fundado naquilo que se pode argumentar ser o interesse dos cidadãos de um Estado Democrático de Direito enquanto tais. (shrink)

In this commentary, I review diverse lines of research conducted at both the macrosocial and microbehavioral level that dispute the view that cruelty is inherently gratifying. Expressions of pain and suffering typically inhibit rather than reinforce cruel conduct in humans. With regard to functional value, cruelty has diverse personal and social effects, not just the alluring benefits attributed to it.

This paper combines reflections on the current “state of war” in the Middle East with an epistemological discussion of the meaning and implications of the category “war” itself, in order to dissipate the confusions arising from the idea of a “War on Terror.” The first part illustrates the insufficiency of the ideal type involved in dichotomies which are implicit in the naming and classifications of wars. They point nevertheless to a deeper problem which concerns the antinomic character of a collective (...) institution of violence. The second part discusses the extent to which, in spite of the historical transformations in the means and political objectives of wars, the contemporary confrontation still obeys the rules of warfare described by Clausewitz, particularly with respect to temporality (“friction”). The third part discusses “non‐clausewitzian” aspects of the “new wars” defined by Martin Van Creveld and Mary Kaldor, while suggesting that they have left aside the most salient contradiction illustrated by the US interventions, which results from the combination of a claim to universal sovereignty and a reduction of war to generalized police operations. (shrink)

El presente ensayo se fija como propósito precisar la crítica hegeliana del Derecho natural y del Derecho abstracto y determinar una doctrina propiamente hegeliana del Derecho. En este sentido, nuestra hipótesis es que es en el contexto de la doctrina de la Sittlichkeit,que el Derecho debe ser comprendido según Hegel. En efecto, en sus Lecciones sobre la filosofía de la historia, Hegel define la Sittlichkeit como un “orden de lo sustancial de suerte que todo sujeto singular tiene la universalidad por (...) propósito, por espíritu y por costumbre ética, y que es en y por este espíritu que él quiere, actúa, vive y goza, si bien que es su naturaleza, a saber su naturaleza segunda y espiritual”2. Luego para Hegel la normatividad jurídica debe ser comprendida al interior de este campo, en un sentido social más amplio de normatividad constituido por la praxis de una comunidad que configura un campo inmanente de objetividad que estructura cotidianamente la vida de los individuos. Lejos entonces de una separación de deber y ser, Hegel nos llama a comprender la forma cómo la norma está presente en el corazón del mundo de la vida como reconciliación de lo racional con lo real en la efectividad. (shrink)