The Economy of the Earth: Philosophy, Law, and the

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The answer to the issue of what the “human formula” should be like depends on the cognisance of the “cosmic formula.” The ideological and value orientation of the human law (and hence the rules regulating the relationships between people) depends on the previous ontological cognisance of the relationship of man with Nature, the remaining cosmos. (79) Insofar as “prima ontologia” is based on the image of wild nature which man must cultivate to establish order, the ideological basis for human nomos also rests on the image of the man as a savage, living in a natural state “bellum omnis contra omnem.” Hence the human nomos is a means of creating social order from the natural state of chaos and dis-order. (80) If, on the other hand, prima ontologia is based on man's centrality in the dynamic harmonious relationship with nature, this underlying view has a corresponding value system in human nomos.(81) The anthropological and, therefore, empirical confirmation of the mentioned link can be found in most non-western (“primitive”) cultures.(82) If the western philosophy of law has been predominantly characterised by an awareness of a lack of knowledge about human law (and what it should be), this, according to Kaufmann, (83) only reveals a deep insecurity as to what man really is.

Pages: 280

Publisher: Cambridge University Press; 2 edition (December 3, 2007)

ISBN: 0521687136

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