The pure theory of law according to Arthur Schopenhauer
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Few philosophers and few jurists were interested in Schopenhauer's original philosophy of law. The thinker of the Will devotes himself mainly to this subject in § 62 of his major work, The world as will and as representation, in certain paragraphs of his dissertation on The foundation of morality, as well as in a short text of Parerga and Paralipomena , entitled "Ethics, Law and Politics".In this essay, through a reading that aims to be as faithful as possible to the text, we will identify and define what Schopenhauer himself calls his "pure theory of law", a theory within which are articulat...
Few philosophers and few jurists were interested in Schopenhauer's original philosophy of law. The thinker of the Will devotes himself mainly to this subject in § 62 of his major work, The world as will and as representation, in certain paragraphs of his dissertation on The foundation of morality, as well as in a short text of Parerga and Paralipomena , entitled "Ethics, Law and Politics".In this essay, through a reading that aims to be as faithful as possible to the text, we will identify and define what Schopenhauer himself calls his "pure theory of law", a theory within which are articulated, in a rather complex and unheard-of way, natural law, of moral origin, and positive law, instituted by the State. This articulation is taking shape in particular thanks to a deep reflection on the notions of unjust, just, selfishness, and pity. Naturally, the whole is inscribed in the metaphysics of the Will so specific to the German thinker; we shall therefore recall the great moments of this general metaphysics, without which the theory of law remains indecipherable.
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