The philosophical and political core of the Tractatus de legibus can be identified in the connection between the free nature of man and the formation of the corpus politicum; In fact, one can observe the relationship between political obligation and freedom, proper by analyzing the tension of natural evolution that drives man to join other men. Going through the reconstruction of the law as motus and the State as a temple, in my intervention I propose to see how Doctor Eximius is a promoter of a rigorously institutional idea of the State and the right, where consensus, as an expression of free choice of man is the constitutive principle of social and political organization. Suarez theorizes a State as a moral body, corpus politicum mysticum or unum corpus mysticum, capable of giving to the totality of the wills that compose it an independent balance for each of them and a unit of expression; therefore, the laws, the law, the government and the State itself are derived from the community.
Francisco Suárez: una posible reconstrucción de la temática de la obligación política y la libertad / Faraco, Cintia. - (2020), pp. 335-352. [10.14195/978-989-26-1889-0]
Francisco Suárez: una posible reconstrucción de la temática de la obligación política y la libertad
Cintia Faraco
2020
Abstract
The philosophical and political core of the Tractatus de legibus can be identified in the connection between the free nature of man and the formation of the corpus politicum; In fact, one can observe the relationship between political obligation and freedom, proper by analyzing the tension of natural evolution that drives man to join other men. Going through the reconstruction of the law as motus and the State as a temple, in my intervention I propose to see how Doctor Eximius is a promoter of a rigorously institutional idea of the State and the right, where consensus, as an expression of free choice of man is the constitutive principle of social and political organization. Suarez theorizes a State as a moral body, corpus politicum mysticum or unum corpus mysticum, capable of giving to the totality of the wills that compose it an independent balance for each of them and a unit of expression; therefore, the laws, the law, the government and the State itself are derived from the community.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


