ABSTRACT

Spinoza's philosophy plays a very important role in legal and political thought. This chapter shows that Spinoza, who took a keen interest in the political events of his time, offers an interesting insights into fundamental constitutional categories requiring a continuous reflection, such as the relationship between state and society, the separation of powers in constitutional law, and the rule of law. It deals with his legal theoretical concepts in the light of some notable aspects of his political philosophy. Spinoza defines justice as 'a set disposition to render to every man what is his by his civil right'. By distinguishing human laws from the descriptive laws of nature, he gives insight into the normative character of laws enacted by public authorities. Spinoza's overall definition of law implies that individuals who fall under it behave in accordance with its contents. He provides an answer to the key questions of political philosophy, viz. the issue of sovereignty.