Keywords
cultural analysis of law
liberal state
absolute state
How to Cite
Abstract
The article describes and analyses the conceptual structure of the princi- ple of separation of powers. As a consequence, it describes and analyzes the premises from which the principle departs, the basic concepts it constructs, the particular type of subject it creates, and the notions of time and space it forms. The article is divided into four parts. The first part presents the key components of the current dominant interpreta- tion of the principle separation of powers. The second part explores the concept of subject constructed by the principle of separation of powers. It constructs a collective subject, the State, which is anthropomorphized and presented as a victimizer and an individual subject, an abstract indi- vidual that is articulated as a victim of the collective subject. The third part of the paper, studies the notion of time constructed by the principle of separation of powers. The concept of time has two dimensions. The first is the circular and infinite notion of time in which the principle op- erates. The second is the notion of time that intersects with the idea of social change that overlaps with the principle of separation of powers. The fourth and last section of the article examines the concept of space constructed by the principle of separation of powers. The conceptual geography elaborated by the principle has multiple levels. The primary one is that of the nation-State. Nevertheless, the space of the principle also has dimensions that are internal and external to this way of thinking about the organization of a political community.
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