Experimento Mental I: O Problema Da Emergência Da Cooperação e o Modelo Da Tragédia Dos Comuns - Hobbes, Os Fundamentos Do Estado e a Emergência Do Indivíduo Como Pessoa/Mental Experiment: The Problem Of Emergence of Cooperation and the Model of the Tragedy Of Commons - Hobbes, The foundations of the State, and Emergence of the individual as a Person

• Published in: Economic analysis of law review Vol. 7; no. 1; p. 291
• Main Authors: Chiappin, José Raymundo Novaes, Leister, Carolina
• Format: Journal Article
• Language: Portuguese
• Published: Brasilia Universidade Católica de Brasília UCB 01.01.2016
• Subjects: Cooperation; Privatization; Property rights
• ISSN: 2178-0587

The goal of this paper is to represent the problem of the conditions of emergence and stability of cooperation among interacting individuals, which corresponds to the classical contractualist approach of the problem of the origins of civil and political rights, in terms of the model of the tragedy of the commons. Our thesis is that Hobbes is the first to formulate the model of the tragedy of commons. This should show that the formation of civil and political rights follows a two-stage process: privatization and the creation of the State, or subjectivity and objectivity. The privatization process promotes the emergence of the rational individual through the recognition of property rights as dimensions of his individuality. However, property rights are constructed only subjectively and each individual, as long as it is seen as common property by the other individuals, remains a scarce and common resource. The state is the solution for transforming subjective rights into objective, and, the individual into a person, who has rights and obligations.