The concept of ‘Human Nature’ has been historically used in different circumstances to ground philosophically criminal and social policies, and consequently justify models of both law and society. The concept of ‘Human Nature’ has been very often used to argue either in favor or against a given social organization or to promote certain policies and translate them in legal tools, as is the case of the organicist theory of Thomas Hobbes, which is the foundation of the modern biological theory of human nature. Over time, the concept of Human Nature, reinforced by scientific advances in different fields, assumed the status of a scientific concept. In recent history, for instance, the theory of genetic determinism develops the intuitions of the earlier biological conception by referring to the theory of immutable human nature founding and shaping interpersonal relationships and social organizations. To understand the role played by the concept of Human Nature in its relationship to law, we first need to clarify first its meanings, then its nature (is it a scientific concept or not?), and finally its relationship to the legal sphere (is it possible to ground law on a univocal shared definition of human nature?). Pursuing this purpose requires that we examine this widespread and commonly believed to be a clear concept, i.e. ‘human nature’, to see in it what its supporters claim to see, and find out if the conventional wisdom about it is justified. This, in turn, significantly impacts the legal approaches to the topic of discrimination.

Salardi, S. (2014). The concept of 'Human Nature': An attempt to approach law from an essentialist perspective. Intervento presentato a: 6th Central and Eastern European Forum of Young Legal, Political and Social Theorists, Zagabria, Croatia.

The concept of 'Human Nature': An attempt to approach law from an essentialist perspective

SALARDI, SILVIA
2014

Abstract

The concept of ‘Human Nature’ has been historically used in different circumstances to ground philosophically criminal and social policies, and consequently justify models of both law and society. The concept of ‘Human Nature’ has been very often used to argue either in favor or against a given social organization or to promote certain policies and translate them in legal tools, as is the case of the organicist theory of Thomas Hobbes, which is the foundation of the modern biological theory of human nature. Over time, the concept of Human Nature, reinforced by scientific advances in different fields, assumed the status of a scientific concept. In recent history, for instance, the theory of genetic determinism develops the intuitions of the earlier biological conception by referring to the theory of immutable human nature founding and shaping interpersonal relationships and social organizations. To understand the role played by the concept of Human Nature in its relationship to law, we first need to clarify first its meanings, then its nature (is it a scientific concept or not?), and finally its relationship to the legal sphere (is it possible to ground law on a univocal shared definition of human nature?). Pursuing this purpose requires that we examine this widespread and commonly believed to be a clear concept, i.e. ‘human nature’, to see in it what its supporters claim to see, and find out if the conventional wisdom about it is justified. This, in turn, significantly impacts the legal approaches to the topic of discrimination.
relazione (orale)
human nature, law, philosophy, essentialism
English
6th Central and Eastern European Forum of Young Legal, Political and Social Theorists
2014
9-mag-2014
none
Salardi, S. (2014). The concept of 'Human Nature': An attempt to approach law from an essentialist perspective. Intervento presentato a: 6th Central and Eastern European Forum of Young Legal, Political and Social Theorists, Zagabria, Croatia.
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/10281/51514
Citazioni
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
Social impact