A Vindication of Human Condition

The purpose of this paper is to try to decipher the meaning of the human condition, as a presupposition of all social organization, taking into account the profile of today's society. The debate that Hervada raised between natural and positive law has been argued by different authors in very varied terms and the question about the foundation of the legal norm is still valid. The purpose of this paper is not to compare Hervada's work with that of other authors, but rather, in homage to him, to try to delve into the narrative that could justify legal norms. In this sense, the article seeks to analyze first of all, the terms of definition of the human condition; and subsequently to situate it in a context of society influenced and conditioned by big data and by the so-called surveillance capitalism. The goal is ambitious, but having a snapshot of the situation can help to build the narrative with which to respond to the articulation of the human condition in a specific political and social context, such as this first part of the twenty-first century