A fundamentação metafísica do Direito na filosofia de Kant

A fundamentação metafísica do direito a que nos propomos a esclarecer na filosofia de Kant assume não somente uma análise de temas jurídicos. Temos uma questão filosófica de fundo a tratar: a justiça é possível? Tal indagação não é o tema do texto, mas o que está pressuposto. A análise kantiana, de certo modo, assume metafisicamente a possibilidade da justiça a partir do conceito de liberdade. Mas, com base na liberdade, demonstra a possibilidade da justiça na ética e no direito. A dissertação é composta por três capítulos. No primeiro capítulo, partindo da reconstrução inicial do conceito de liberdade na Crítica da Razão Pura, descrevemos a construção do conceito cosmológico de liberdade transcendental a partir do terceiro conflito antinômico e de sua solução na Dialética Transcendental. Feito isso, descrevemos o conceito de liberdade no capítulo do Cânon da Razão Pura e discutimos o problema de como compatibilizar liberdade transcendental e liberdade prática. No segundo capítulo, fazemos uma análise da distinção entre a legislação moral e a legislação jurídica das ações humanas partindo da análise da liberdade prática interna (moral) e distinguindo-a da liberdade prática externa (ou jurídica). Nesse contexto, desenvolvemos os pressupostos de uma metafísica do direito, tomando como ponto de partida o conceito de liberdade e o imperativo categórico como princípio da autonomia da vontade, base normativa para a lei universal do direito. No terceiro capítulo, a partir da relação entre ética e direito, reconstruímos o conceito de Direito e esclarecemos o fundamento da legitimidade da coerção a partir do princípio normativo de coexistência das liberdades individuais. Analisamos também os aspectos fundamentais do direito que derivam deste princípio, tal como os conceitos de Contrato Originário, Estado, Lei, Coerção,bem como a proposta kantiana de uma paz universal com base numa legislação internacional. No fim, discutimos o aspecto metafísico presente no fundamento do Direito

Liberdade e negação da vontade: análise do ser-livre como representação e na angústia

Common understanding about what freedom means has always been more or less related to the power to realize something intended, desired, a capability. Therefore, being free is commonly interpreted under the concept of free-will and the category of possibility to act. Although there are predecessors in History of Philosophy, Schopenhauer refuses the thesis of free will proposing otherwise the denial of willing (to live) as the ultimate possibility for human freedom, if not the only one left. The thesis that would make him famous was deeply misunderstood and so miscarried somewhat due to the way it was many times presented by the means of exotic examples wrapped in a mystical mood besides exaltations to Eastern traditions, which may satisfy anthropological curiosity instead of being capable to satisfy the reader in a philosophical way. It seems to result from Schopenhauer s thought a kind of pessimism against life. Otherwise, typical readings on the Schopenhauerian thesis are found full of inconsistencies once closely regarded, which blame does not belong to the author but to his interpreters. A new reading about the denial of willing as the ultimate possibility for human freedom demands a criticism on the inconsistencies and prejudgments deep grounded. For this, we firstly clarify the ways of understanding the willing nothing , which cannot be reduced to the mere refusal or conformism, being instead positively understood as a special manner of willing: the admission of oneself for the sake of one is. A few more than a century later The world as will and representation came to light, Heidegger proposes in his fundamental ontology that the proper being-free concerns to originary decision by which, in anguish of being suspended in nothingness, Dasein renders itself singular as the being who is in-a-world and to-death, concluding that the ultimate possibility of freedom is being-free-to-death. Developing the hypothesis that freedom, properly understood, concerns to nothingness as to indeterminate possibilities, we seek for a dialogue between Schopenhauer s thought and existential philosophy aiming to reconstitute and overcome Metaphysics tradition turning the question about freedom into a matter of Ontology. From the factual existence perspective, as we must show, every human activity (or inactivity) is ordinarily mediated by representations, in which me and world appear as distinct entities. So, each one among determininate individuals finds itself connected to the things in the world by interest, which proper concept must be sufficiently explored. Starting from this point, we may proceed to detailed analysis of usual representations of freedom aiming their destruction by Ontology and then reaching existential thesis according to Kierkegaard and Heidegger. Turning back to the analysis of Schopenhauer s work, we conclude existential understanding of freedom as will-to-be can also be found in Schopenhauer. In this way, denial of willing means ultimate freedom once the Will turns back to its own essence by suppressing the world as representation, which means the originary absolute indetermination of the extreme possibility to-be

Nexus: da relacionalidade do princípio à metafísica do inominável em Nicolau de Cusa

We indicate the idea of nexus or conexio, thought of as intelligible connection with the intelligent, the foundation on which the reason why you can understand and name, even if inadequately, what the intellect sees incomprehensible and unnameably. Thus, it opens a way for our research: we will take the idea of nexus as fundamental to the interpretation of the divine names and the "metaphysics of the unnameably" and we show how the divine names, mainly in possest, mirrored in the Trinity, relatedness of the principle and therefore also the nexus. For that you need to think some preliminary questions: we will place Nicholas of Cusa in the tradition of medieval Christian Neoplatonism, we resume some discussions on the problem of naming and the philosophy of language in his thinking, we will reflect such thinking is molded from active dialogue with the tradition and how it is your speculation is founded upon the dynamic and dialectical relationship between philosophy and theology to be thought of in our text using the relationship between faith and understandig (intellectus). After introductory clarify these issues we will come to consider introductory understanding of the Trinitarian Beginning and speculation about the nexus taking as its starting point from where the De venatione sapientiae nexus or conexio is designed as a hunting field of wisdom and the First Book of De docta ignorantia where the maximum is now thought of as one and triune. From the Second Book of the same work and the Idiota. De mente we will show in what sense the universe and men, as imago dei, imitate the eternal Trinity. Finally, we will resume the notion of the scientia aenigmatica of De beryllo and some information that will clarify that Nicholas assumes the divine names as enigmas. Finally, we will try to show that the enigmatic or symbolic names also mirror the triune Beginning principle. So, before we return some traces of this aspect in some divine names and texts of the "late period" and then conclude with that which in itself already indicates the nexus and therefore the trinity: possest

Formatividade e interpretação: a filosofia estética de Luigi Pareyson

The concept of formativity, coined by Luigi Pareyson, is a key to the development of countless contemporary aesthetic studies. The aim of this dissertation is to present a deep understanding of the notion of Formativity and Interpretation, as evidenciated by the title Formativity and Interpretation: the aesthetical philosophy of Luigi Pareyson. The work Aesthetics - Theory of Formativity, first published in 1954, is considered a mark in the rebirth of aesthetics. In this dissertation, the concept of Formativity is examined as a component applicable to every human action, and not limited to pre-determined practices, nor referred to the application of preexisting. I ve performed an investigation of the triple concept of doing-inventing-interpreting, which simultaneously grounds Formativity. In the first section, Pareyson s Aesthetical Propaedeutic is presented; in the second, the Theory of Formativity: the aesthetical character of the whole human experience is analysed; and in the third chapter, The Aesthetical of Form and the Metaphysics of Figuration is related to the formativity character of the knowledge. Through this analysis, I ve intended to evidence how human operability can be understood as search and trial, figuration and invention, in the search for success. In this sense, this thesis seeks to present an interpretation of the idea of work-form, speculating the inexorability of invention and interpretation in an attempt to establish a new bottom line for the studies Pareyson s Aesthetics in Brazil

A falta de ética e de espírito público na política brasileira

Unfortunately, the Brazilian politics has been characterized by lack of ethics. In a few exceptions, our representatives often behave in the exercise of power as if they were there to care for their own interests and not public affairs. Despite the dissatisfaction that the situation seems to trigger to society, the electorate does not get to transform their anger into effective gesture in order to withdraw from the public setting people who can not fulfill their mandate at the polls. Instead, the re-election of bad politicians has become commonplace fact. In this study, we proposed to discuss the matter in light of traditional philosophical theories, by selecting exponents of ethical thought from the Ancient Period to the Modern. We put special emphasis on behalf of amorality in Florentine thinker's ideas, to Machiavelli s political doctrine.

O argumento dos contrários e a hipótese sobre a imortalidade no Fédon de Platão

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Uma (re)leitura teleológica da filosofia moral em Kant : por uma necessidade de inclusão do homem na natureza

Made from the bases of metaphysics, this dissertation is related do Kant‟s moral philosophy. But the itinerary to reach the main speculation used to develop this current understanding of Kant‟s thoughts, it is nothing but an attempt to make the formal rigor more flexible, which has always been associated to Kantian ethics‟ perspectives. From the awareness of what this formalism could be, while a moral arrangement, it is how we will be able to come upon a teleological Kant. That is the fundamental element to comprehend some of the significant aspects in that ethical system, which necessarily comes through the effort to demonstrate the proximity between reason and sensibility, as well as nature and liberty. In this environment, the journey to achieve the autonomy, as the bedrock of liberty and morality, evokes the support of education in Kantian patterns, which enables a course of improvement of the human being, as an individual e, more significantly, as specie. This evolution progress, which tents to reveal the destiny of the humanity, is evolved in the relationship between necessity and finality, as a condition to make the structure of a project to humanity possible. We should mention that it is a rational, an educational and a moral project to be developed in the course of history. As a consequence, the amount of all these elements permits the development of the man‟s natural disposition as a creature that looks for self knowledge , becoming, afterward, dignified to be qualified as a human being. Finally, this study intent to figure out the necessity of the human being inclusion to nature, which happens throughout the acquirement of the individuals‟ conscience

O cuidado e a ética do cuidado: um diálogo entre Leonardo Boff, Carol Gilligam e Nel Noddings

To elucidate the important contribution of care ethics in improving human relations and social intimates, this work reveals the fragility and lack of ethics on the formation of a just society, equal, peaceful and caring. To this end, we study on the moral development of men and women, warning of the natural differences between the sexes, which change for both the way of seeing life and live it - which does not imply inferiority to some genres. From this study it is clear that the natural care is innate to humans, it provides a tendency to act for the good of all life forms and nature as a whole. But it is evident here a greater sensitivity of women to such care because they possess perception and more emotion than men, which make them more participatory and involved in relationships. This greater openness to care found in women, due in part to the strong and lasting relationship with their mothers. Thus is revealed the power that women have to positively change the direction of human relationships, providing careful with your example, protective and caring, the awakening of a new and comprehensive ethics - opens to the truth, and features especially for affections. Therefore, the care ethics arises from the life experiences of women and aims, through them, to join the men's morality in order to bring out the relevant fact of interdependence between human beings, of human fragility and the need for relationships to the fullness of life

Foucault e a (bio) política: possibilidades e metamorfose de um conceito

The fundamental question developed in this research is to consider the possible meanings of biopolitics in the thought of Michel Foucault. In the first chapter of this study seeks to examine the rationality of biopower. It is able to show the rationality of acting as a social machinery for the manufacture of the subjectivity of individuals, biopolitics as a producer of bodies and subjectivity. The theme of biopolitics appears as inspiration of Nietzsche's metaphor of war. The idea that history is the war for dominance of the bodies. In the second chapter, the (bio) political will and political thought of resistance, fighting criticism as an attitude of revolt of the subject before his condition subjugated. The biopolitical here is intended as a conceptual tool for reading the thought / Foucault's work. A resistance that can be thought of as a biopolitical as a "refractoriness reflected". The third chapter will seek to show how the Foucault argues that power was already present the ethics of self-care. If the subject is a product, is captured by the discourse of biopower that manufactures its subjectivity, self care, it's time to think about the inner contents. Self care is something that offers resistance, as a possibility to think that these contents are constructed historically, and that therefore it is possible to reestablish the self-care is a policy of fighting these sedimented content that promotes colonization of the subjects. You can move from ruler to ruled itself, although this pursuit of liberty is always unfinished, always be a tension, a desire for freedom that can be undertaken not as a state, but at least the minimum and temporarily in other forms of existence, and other ways of relating, other ways of sociability, friendship, sexuality

Metafísica e moralidade na filosofia de Schopenhauer

This work posits a mutual implication between metaphysics and morality in the philosophy of Schopenhauer and seeks to clarify the many nuances that take place in this relation. Each chapter offers a perspective in which the relation between metaphysics and morality can be addressed. Thus, by exposing some important aspects of representation theory of Schopenhauer, we try, in the first chapter, explain the relationship between his idealism and his conception of morality; in the second chapter, the determinism present both in nature and in moral actions, determinism that establishes the relationship between morality and metaphysics through the very notion of a metaphysical nature; in the third chapter, relationship between metaphysics and morality that takes place through the notion of freedom as denial of the previous determinism, freedom possible to the genius, to the saint and to the ascetic. All of these perspectives, however, presuppose the distinction between phenomenon and thing-initself, figuring this distinction as crucial in building of this metaphysic that seeks to protect the moral significance of the world while denying the existence of God

Eleutheria: a noção de liberdade na ética de Epicuro

Épicure de Samos (341-270 a.C) fut l'un des plus importants penseurs de l'Antiquité. Le philosophe du Jardin, comme il a été connue, aurait écrit au moins 300 volumes. Ayant vécu dans une Grèce sans l'autonomie des temps passés, a vu l'atténuation du sens de liberté (eleutheria) dans le domaine social. En outre, la théorie atomiste que lui précédée et lui a influencée postulais un déterminisme qui avait entraîné la fatalité et l'élimination des eleutheria aussi dans le domaine de la nature (physis). Dans ce contexte, il donne, de la physiología, une forme originale à l'étude de la physis, afin de postuler l'existence du hasard (tychè) agissant dans le monde phisique et de la liberté, dans l‟action humaine. S‟il fait cela, c‟est parce qu‟il croit que être libre est condition du bonheur et celle-ci réside dans le plaisir. Pour cela, Épicure va présenter l'indéterminisme dans le domaine de la physiologie, garantissant l'existence d'un mouvement de déclinaison de l'atome - le parênklisis. Ainsi, dans ce travail, nous allons effectuer une analyse de la façon de se montrer le sens d‟eleutheria développé dans la pensée de ce maître et comment il interagit avec son projet d'éthique. En particulier, nous discutons de comment, de la physiología, Épicure pense un éthos-llibre tourné vers la réalisation du plaisir, de la vie heureuse. Pour cela, nous utilisons la Lettre à Hérodote, la Lettre à Pítocles, la Lettre à Ménécée, 81 Sentences Vaticanes, 40 Maximes Fondamentales et les rapports doxographie

Investigações em torno do antropocentrismo e da atual crise ecológica

Many environmental ethics thinkers bear the existing ecological crisis is resultig from the fact that both, our thoughts and our actions would be antropocentric. It means that they (our thoughts and our actions) would have the human needs and wishes satisfaction as their only goals. However, a careful investigation about the relationship among humans could perhaps unveil that we are not antropocentric yet. The aim of this work is to enlighten this: whether we think and act in an antropocentric way as it seems to be largely accepted. It seems that we have found a satisfatory answer to the question

As origens históricas do Zaratustra nietzcheano: o espelho de Zaratustra, a correção do mais fatal dos erros e a superação da morte de Deus

Through a careful examination of the relationship between Zoroastrianism and the Western tradition, and a detailed and critical reading of the writings of Nietzsche, this work aims at showing to what extent the character Zarathustra , his discourses and poetical-philosophical thoughts, and related passages from many distinct Nietzschean works, directly or undirectly reflect a philosophy that harvests contributions from the Zoroastrian tradition or its headways (in the Judeo-Greco-Christian tradition, and furthermore in the whole Western philosophical tradition). Supplied with this provisions, and with the interpretation cast upon them, Nietzschean philosophy questions the entire Western tradition of thought, and proposes its replacement by a new attitude towards life. This work also intends to show the way the Nietzschean Zarathustra was built up, in the writings of the German philosopher, together with the idea of making, out of the namesake character of the ancient Iranian prophet (Zarathushtra or Zoroaster, the founder of Zoroastrianism), the herald of that important text that intended to bring the German language to its highest perfection , clumping together, and leading to a prophetic-poetic climax consonant with the meaning of the Earth , Nietzsche s key ideas about the rectification of the most fatal of errors and about the death of God . An elaborate investigation has been pursued after the reasons and manners of the building up of Nietzsche s Zarathustra mirroring its Iranian namesake (sections 1.1 to 1.6), and a survey of the works of Nietzsche has suggested unquestionable relations with the Zoroastrian tradition, mostly through the Jewish, Greek or Christian repercussions of this tradition. These relations have been put in context, in many framings (sections 2.1 to 2.3.2), in the ambit of the most fatal of errors - the - creation of morals in the very occasion of its transposition to metaphysics (Ecce Homo, Why I am a destiny , 3). Through an evaluation of the possible circumstances and repercussions of the death of God , the relations between Nietzsche s writings and Zoroastrian tradition have been investigated (sections 3.1 to 3.7), allowing the understanding of this event as an essential component, and tragic outcome, of the rectification of the most fatal of errors

A caminho da fronteira: entre heidegger e os japoneses

Became a little more than half century ago that has been consolidated the also called philosophy of comparative edge, by which was possible exploited new ways of thought, since the dialogue between West and East. This fructiferous cooperation between-edges, by which possibilities has been ramifies in lots of different areas of knowledge, has a common birthplace: the talk between Heidegger and the Japanese from the also called Kyoto School of Philosophy. The intention of this mastering degree s dissertation is show, since Heidegger s thought and the contemporary Japanese philosophy, the theoric viability of such trade of experiences between westerns and easterns in philosophy.

Heráclito na filosofia do jovem Nietzsche

In the early 1870s, the German Philosopher Friedrich Nietzsche, professor of philology in Basel, researches the ancient Greek philosophers. These studies result in texts as The Preplatonic Philosophers, also known as Lessons on Pre-platonic Philosophers, and Philosophy in Greek tragic age. Using both texts as sources, this dissertation aims elucidating the Nietzsche's interpretation about Heraclitus, in other words, comprehend how Nietzsche recognizes in Heraclitus a philosopher with an aesthetic vision of the world, a contemplative and cheerful view of the world, the becoming, defined by the incessant change, as a child's play that builds and destroy sand castles on the shore. This spectacle, as Nietzsche believed, would be unveiled first by Heraclitus and must be contemplated eternally