Navegando por Assunto "John Finnis"

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Razão prática e o bem humano básico do casamento: lei natural, bem comum e direito
(Universidade Federal do Pará, 2018-05-29) PEREIRA, Dienny Estefhani Magalhães Riker; PINHEIRO, Victor Sales; http://lattes.cnpq.br/0416222855469529
Analyzing current political and legal debates concerning family law, we find at its core a much controversial and rich dialogue regarding the concept and characteristics of marriage. A dialogue which has been much impacted by the New Natural Law Classical Theory’s arguments grounded in a reinterpretation of practical reason and marked, amidst other elements, by a rejection of the restrictive humenian conception of human reason. Nevertheless, this position is still scarcely known in Brazil with limited bibliographical material in Brazilian language. Baring this in mind, the goal of this work is to present the neoclassical doctrine on marriage as a basic human good contextualing it within the broader scope of practical reason, and applying some elements of political philosophy and jurisprudence. The research is all based on bibliographical material, specially the works of John Finnis, Germain Grisez and Robert George. Marriage, notwithstanding, has been particularly analyzed in Finnis’ thought. This dissertation is organized in three main axes, which are equivalent to each of the three chapters here presented: firstly, we present the New Natural Law’s metaethical and normative foundations, which, being the most fundamental basis of the arguments thereafter, is also the most dense chapter; secondly, we analyze the doctrine of marriage as a basic human good particularly in Finnis’ thought; finally, we discuss possible unfolding conclusions, problems and responsibilities to political community and legal reasoning.
Acesso aberto (Open Access)
Secularização, Estado laico e Direito à liberdade religiosa: aproximação da sociologia histórica de Charles Taylor e da Filosofia Jurídica de John Finnis
(Universidade Estácio de Sá, 2020-04) PINHEIRO, Victor Sales; KAYEMBE, Marcela Santos Pimentel
This article addresses the right to religious freedom, in the light of the concepts of secularization and the secular state. It then uses the theoretical framework of Charles Taylor, whose historical sociological approach allows us to understand the transition from the medieval, community model of religion to the modern, individualistic model of religion, with the dual affirmation of religious freedom and neutrality (secularity) of the State to respect and guarantee it. Then, in the second session, the conceptual distinction is made between secularity and secularism, in order to underline the risk of subverting the logic of religious freedom, by limiting religion to the private sphere, depriving religion of all public relevance and, therefore, neutralizing the right to religious freedom. Finally, John Finnis' philosophical argumentation is developed, to articulate the right to religious freedom with the basic human good of religion, as being distinct from freedom of conscience, which distances it from the reductionist and individualistic liberal conceptions, showing the restrictive character of political secularism. It concludes that the State must not hinder, but must promote access to religion as a fundamental human right, constituting the common good. The main methodological contribution of this Article is the complementation of Finnis' analytical philosophy, which proceeds on a level of conceptual abstraction, with Taylor's sociology, which in a historical hermeneutics of the historical process of secularization.