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4 - Law

Published online by Cambridge University Press:  20 August 2020

Ekaterina Yahyaoui Krivenko
Affiliation:
National University of Ireland, Galway
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Summary

This chapter critically examines Hobbes’s and Leibniz’s positions in relation to the concept of law and its role in regulating life of human communities. In line with his materialist stance and the controllability of space and discourse, Hobbes postulates the idea of the state and sovereign as central controlling devices able to create universality within a limited terriotry through control. Hobbes’s view of the state of nature and transition to the commonwealth are examined anew form this perspective. Leibniz’s concept of law is determined by the centrality of the concept of justice to his philosophy. Precepts of justice as eternal and universal truths discoverable by human beings shall inform accrding to Leibniz positive law within individuals human communities. However, he does not posit a particular form of life in common as determining but accepts diversity of political forms. Normativity of law in Leibniz derives not from its character of a command, like in Hobbes, but from a particular internal disposition of human beings, which in turn is determined by the internalisation of eternal truths as items constituting that logical grounding against which the human existence unfolds.

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Chapter
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Space and Fates of International Law
Between Leibniz and Hobbes
, pp. 88 - 126
Publisher: Cambridge University Press
Print publication year: 2020

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  • Law
  • Ekaterina Yahyaoui Krivenko, National University of Ireland, Galway
  • Book: Space and Fates of International Law
  • Online publication: 20 August 2020
  • Chapter DOI: https://doi.org/10.1017/9781108771771.005
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  • Law
  • Ekaterina Yahyaoui Krivenko, National University of Ireland, Galway
  • Book: Space and Fates of International Law
  • Online publication: 20 August 2020
  • Chapter DOI: https://doi.org/10.1017/9781108771771.005
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Law
  • Ekaterina Yahyaoui Krivenko, National University of Ireland, Galway
  • Book: Space and Fates of International Law
  • Online publication: 20 August 2020
  • Chapter DOI: https://doi.org/10.1017/9781108771771.005
Available formats
×