Human pain, evil and the origin of the just sufferer: a reflection that emerges at the birth of modern law

Abstract

In this research article on the birth of modern law, we discuss its relationship with human pain, the idealistic conceptions that defend the autonomy of man, his guilt for the pain and malaise of humanity. Methodologically, a series of philosophical dissertations articulated to a juridical framework is addressed, centered on: the effects of theodicy in modernity; the defense of the goodness of God and the origin of evil in the world; the effects and causes of the tribunalization of the enemy through the theories of the Philosophy of History and modern Law. It is concluded that it is from the detachment of the metaphysical and theocentric litigations of the law in the Europe of the XVII century that modern law emerges, which embarks on the enterprise of managing the practices related to the pain of the antonomic society to achieve justice and to arrive at the utopia and the progress promised by the Philosophy of History.