Navegando por Autor "MATOS, Saulo Monteiro Martinho de"
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Item Acesso aberto (Open Access) Dignidade humana, humilhação e forma de vida(Universidade do Estado do Rio de Janeiro, 2019) MATOS, Saulo Monteiro Martinho deIn normative terms, human dignity usually implies two consequences: (a) human beings cannot be treated in some particular ways due to their condition as humans; and (b) some forms of life do not correspond to the ideal life of our community. This study consists in discussing the meaning of this idea of human dignity in contrast to the concept of humiliation in the context of institutional, i.e. political and legal, rights. Two concepts of human dignity will be discussed. The first absolute/necessary and formal/transcendental concept implies the proposition “because human beings have dignity, the following cluster of rights is valid.” Conversely, the second contingent and material concept corresponds to the thought “for being able to live in dignity, we must respect the following rights.” This paper claims that human dignity should be understood as the right to be protected from humiliation. Humiliation is the experience of incapacity or absence of self-determination.Item Acesso aberto (Open Access) O papel da narratividade na teoria do direito de Ronald Dworkin: há uma teoria narrativa em “Como o direito se assemelha à literatura”?(Rede Brasileira Direito e Literatura, 2019-12) GUIMARÃES FILHO, Gilberto; MATOS, Saulo Monteiro Martinho deThis paper has the purpose of assessing the role of narrativity in Ronald Dworkin’s theory of law. The research question is to know whether Dworkin’s theory of law can be considered a narrative theory of law. By narrative theory, we mean a theory that is based on a heuristic characterization of plots, narrative genres, characters etc.Dworkin introduces six theses in order to link literature and law, in his classic “How law is like literature”: (1) law, as a practice of identifying valid legal propositions, can be better understood whencompared to the practice of literature (synechist methodology thesis); (2) the compression of the practice of law always involves a descriptive and valuative dimension (normative theory thesis); (3) every judgment about art presupposes a theory about whatart is(aesthetical hypothesis); (4) every judgment about valid legal propositions presupposes the determination of what law is (political hypothesis); (5) the political hypothesis of law depends on understanding the intentionality of the political community (chain novel); and (6) The chain novel depends on understanding the institutional history of the political community (institutional history thesis). This paper’s conclusion is that Dworkin’s theory must be seen as a narrative theory, and thatwithout such narrative aspect, his theory would simply be a legal naturalistic theory, since the purpose or value of the law would thus become absolute.