ABSTRACT

Natural law theory determines the juridification of power, the individuation of a subject around the knot of will, the necessity of a decision capable of re-incorporating the conflict between passions and interests, the representative retrieval of dominion as a form of free self-obligation of singularities to the universal of law. This does not corroborate, at least not exclusively, a reading of what antedates Hobbes in terms of a valorization of pluralities and differences, of prudential logics of government, of harmonization of the effectual based on the 'gauge' of the idea of justice. The Aristotelian tripartition, through the inclusion of a koinonikon zoon between the oikonomic and the political, multiplies and differentiates the features and forms of an associative instinct that finds its fulfilment in the polis. The "communal" inclination that orientates both human ontogenesis and phylogenesis are the results of a kind of equality and solidarity that not only overcome the differences politically established within the polis.