Calculative Faculty By Reasoning: Hobesian Rationalism And The Contemporary Legal Approach

Background: This article examines Thomas Hobbes' rationalist philosophy and its influence on contemporary legal frameworks, particularly the evolution from positivism to the conception of fundamental rights. Hobbes' theory of "calculative reasoning" is central to understanding the role of reason in law, marking a shift from religious and traditional rationalism to a logic-based approach that applies scientific methods to social organization and individual rights. Materials and Methods: This study employs a bibliographic approach, using a literature review to trace Hobbes' philosophical roots and their evolution in legal thought. Comparisons are made with thinkers like Aristotle, Montesquieu, and Locke, analyzing how classical theories informed Hobbes' concept of reason as calculation. A deductive method is used to assess Hobbes' impact on legal positivism and modern legal rationality. Results and Conclusions: Hobbes' concept of calculative reasoning significantly influenced the legal system by establishing reason as a tool for logical and precise decision-making within jurisprudence. This theoretical evolution supports the structure of modern states and democratic systems, with rationality as a guiding principle for laws protecting individual rights, including property and freedom. Hobbes’ rationalism contributed to transforming legal philosophy by grounding it in logical assessment, moving away from metaphysical and theological interpretations, thereby shaping contemporary legal doctrines regarding the social contract and fundamental rights.