Reconhecendo o sentido histórico dos direitos humanos: uma reconstrução da teoria do reconhecimento de Axel Honneth

Abstract

This study aims to interpret how Axel Honneth's social philosophy can provide to legal scholars a valuable theoretical framework for understanding the phenomenon and historical meaning of the development of human rights. In this regard, it will be demonstrated that the Frankfurt philosopher offers an interpretive system that aids in comprehending the historical, social, and normative meanings of modern rule-of-law states. To undertake this endeavor, we will reconstruct Honneth's work and his theory of recognition, examining your general aspects and identifying the points most closely related to this specific legal phenomenon. In this context, we will seek to show how the works “The Struggle for Recognition: The Moral Grammar of Social Conflicts” (2009a) and “The Right of Freedom” (2015) illustrate Honneth's most well-defined concepts regarding the phenomenon of human rights. At the end of this reconstruction, after clarifying the meaning of the human rights phenomenon within Axel Honneth's theory of recognition, a brief excursus will be developed to present the most direct criticisms of the Frankfurt philosopher's theory. Specifically, it will address the critique formulated by Luiz Philipe de Caux in "Immanence of Critique: A Study on the Meanings of Critique in the Frankfurt Tradition" (2021), which challenges the entirely normative claim of Honneth's theory. This critique points out difficulties raised by other philosophers and shows how these challenges can affect the understanding of the historical progress of human rights.