03) THE LEGITIMACY OF THE ORDER. THE PARADOXES OF THE POLITICAL THEORY IN THE MODERNITY

Resumo

In this article I aim to describe some paradoxes concerning the need to seek a foundation of political and legal order. In particular, I try to analyze, from a historical and conceptual point of view, the role of the pre-political State in the Hobbes’s philosophy; the abstractness of the idea of sovereignty as sum of individual wills and as source of norm; the distinction between violence and force, legal and illegal, etc. I explain that some items, conceptions and “key words” (semantic) of political philosophy in modern era are linked to a particular social structure based on a secularization of pre-modern ideas and systems thanks to whom the social order could be represented. KEY-WORDS: Sovereignty; Common good; Representation; State.