자연법에 대한 스피노자의 자연화와그 현대적 의의

Abstract

I showed that Spinoza transformed the classical natural law theory by naturalizing natural law in the context of modern situation by the analysis of Theologico- political treatise. Through these, I demonstrated the following points. First, Spinoza denies not only the traditional natural law doctrine based on the anthrophomorphic conception of God and intrinsic value theory but also the intellectualistic natural law theory focused only on the rational side of the human. Second, Spinoza replaced traditional natural law theory with a new theory based on the nomological understanding of Nature and human nature. Third, Spinoza showed that traditional natural law doctrine couldn’t be the criterion to evaluate the validity of positive law through the critic of imaginative conception of divine law and revelation. In spite of these doctrinal differences, Spinoza’s natural law theory inherited the motive of traditional natural law doctrine in the sense that Spinoza related the understanding of the law of nature to the human blessedness. Spinoza’s conception of natural law naturalized thus is similar to the conception whose theoretical possibility Hans Kelsen suggested but denied and thus Kelsen’s critic of natural law theory can’t be conclusive.