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Law and State

Classical Paradigms and Novel Proposals


Luka Burazin, Đorđe Gardašević and Alessio Sardo

The fifth volume in the series of the Central and Eastern European Forum for Legal, Political, and Social Theory Yearbook addresses two major topics: law and state. The authors shed new light on some of the classical paradigms in the treatment of these highly prominent topics and offer novel proposals on how to best approach them. The contributions were presented and discussed at the 6th CEE Forum, held in 2014 at the Zagreb Faculty of Law (Croatia) and peer-reviewed by international experts in the field. The volume’s six thematic parts reflect the main issues discussed: Law and State, Methodological Approaches, Language and Law, Constitutional and EU Law, Contemporary State, and State and Crisis.
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The Concept of ‘Human Nature’: An Attempt to Approach Law from an Essentialist perspective?


1. Introduction

Human Nature is a fascinating concept with a long history. Since ancient times, important philosophical attempts have been made to identify all of the determinants, features, and components of a biological, emotional, psychological, social, and cultural kind that potentially make up a holistic identity: The Human Nature (H.N.) The majority of these approaches to H.N. had their roots in the essentialist tradition. To put it succinctly, according to this perspective things are what they are because that is their nature, essence, or definition (see Fuchs 2001). To deal with H.N. from this essentialist point of view means to search for an all-embracing, holistic definition of the concept. But essentialist efforts to cover an all-embracing definition of H.N. are not just a thing of the past.

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