Derecho abstracto y estado jurídico en el pensamiento político hegeliano
Keywords:
positive law, abstract right, political atomism, philosophy of right, phenomenology of spiritAbstract
This paper analyses how Hegel understands the Law in his Philosophy of Right and in his Phenomenology of Spirit. I claim that the analysis presented in “Abstract Right” and in “Legal Status” of these books let us understand how Hegel sees the positive Law and, specially, the conception of politics that is assumed in the positive Law. This description of the Law will reveal its deficiencies and its need to be completed with more complex conceptual structures. It will be proved that the abstract Law and the Legal Status are insufficient figures for the understanding of the politics, in that they suppose a normative structure without any content and that leads to the destruction of the same liberties which they pretended to defend.
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