Elías Díaz. An old master for the reconstruction of reason

Abstract

This paper aims to honor the transcendental figure of Elías Díaz, a «teacher of teachers» whose life and work were deeply intertwined with the history of Spain and the history of Spanish Philosophy of Law. From his model of committed intellectual, one of his main contributions lies in the effort for the «reconstruction of reason», key to the transition to democracy.
His main contributions are organized around three major lines of research: the history of thought, legal philosophy, and political philosophy. In the philosophical-legal field, the author’s «critical realism» is proposed as an alternative to the iusnaturalism and legalistic positivism dominant in Spanish legal culture during Franco’s regime. In terms of political philosophy, his defense of real democracy as the ultimate criterion of legitimacy of power and his characterization of the Social and Democratic Rule of Law as a overcoming of the Social Rule of Law are highlighted. The relevance of his thought lies in its ability to address contemporary challenges to democracy and reason.