Nómos, phýsis y sus relaciones: una lectura en clave jurídica de Antifonte (fr. 44 de Sobre la verdad)

In the well-known nomos/physis debate, Antiphonʼs fragment 44 stands out as one of the most significant sources. The relationship that the sophist establishes between these two dimensions has been interpreted in the literature in, at least, three different ways: some argue for a complete opposition...

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Autor principal: Magoja, Eduardo Esteban
Formato: Artículo revista
Lenguaje:Español
Publicado: Facultad de Filosofía y Letras, Universidad de Buenos Aires 2026
Materias:
law
Acceso en línea:https://revistascientificas.filo.uba.ar/index.php/analesHAMM/article/view/15569
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Sumario:In the well-known nomos/physis debate, Antiphonʼs fragment 44 stands out as one of the most significant sources. The relationship that the sophist establishes between these two dimensions has been interpreted in the literature in, at least, three different ways: some argue for a complete opposition between conventional law and natural order; others suggest a conflict or tension that falls short of outright opposition; and finally, there are those who perceive the potential for complementarity between the two realms, in the sense that the nomos regulates (not only with prohibitions, but also with positive commands) aspects of physis. This paper aims to explore the different interpretations of the nomos/physis relationship and, in agreeing with the third stance, to advance towards the formulation of some additional ideas about the role that conventional law plays in determining favorable courses of action. In the end, this paper seeks to challenge the thesis that Antiphon denies law, while at the same time attempting to propose, from a legal point of view, some (possible) characteristics regarding how the properties of a truly advantageous nomos could be.