Abstract

CHUMBITA, Joan Severo. The problem of the validity of the lay within the Lockean State of Nature. Sig. Fil [online]. 2016, vol.18, n.35, pp.82-109. ISSN 1665-1324.

This article studies the application of the law of nature within the state of nature. In this sense, it will analyze the abstract definition of liberty, its correspondence to the practical concept of natural freedom and the opposition of the latter to the slavery involved in being born under a despotic government. It will then consider the power of establishing punishment under death penalty and its roots, through just war, in the figure of legitimate slavery. Thus, it will set out the tensions that emerge when contrasting, on the one hand, the critique of absolutism and conquest, and, on the other, the legitimation of a private and despotic power.

Keywords : Freedom; punishment; just war; slavery.

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