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- Title
RAZÃO PRÁTICA, DIREITO E BEM COMUM NA TEORIA DA LEI NATURAL DE JOHN FINNIS.
- Authors
Sales Pinheiro, Victor; Lopes Mousinho Neiva, Horácio
- Abstract
Based on the hypothetical-deductive method, this paper deals with the central concepts of Finnis's theory of justice, according to his theory of substantive practical reason, whose goal is the human flourishing. The research problem is the question of the normativity of practical reason in the connection of the law and the common good. It is then necessary to reflect on the methodological nature of social theory, by contextualizing Finnis' insertion in the liberal-community debate, mainly because of his critique of Rawls's restrictive and excluding concept of public reason; the teleological meta-ethical foundations of practical reason are studied; it is verified as the common good emerges from the ethics of the basic human goods and the practical reasonability; the concept of the common good is articulated in its instrumental and substantial dimension, in order to emphasize the relation of freedom and social integration, by the unity of practical reason. As a result, the epistemic merit of this theory is emphasized, because of the relation of the ethics of basic human goods to the legal-political authority of the common good. The contributions are the reception of an relevant author, his conceptual deepening, with the consequent enrichment of the theoretical discussion.
- Subjects
SOCIAL integration; COMMON good; COMMON law; NATURAL law; CONCEPTS; PRACTICAL reason
- Publication
Quaestio Iuris (QI), 2019, Vol 12, Issue 2, p240
- ISSN
1807-8389
- Publication type
Article
- DOI
10.12957/rqi.2019.39074