EL PROBLEMA DE LA VIGENCIA DE LA LEY EN EL ESTADO DE NATURALEZA LOCKEANO

Abstract

Abstract: This article studies the application of the law of nature within the state of nature. In this sense, it will analyze the abstract defi nition of liberty, its correspon- dence 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 fi gure 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.