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In: Griot: Revista de Filosofia, Band 20, Heft 1, S. 39-50
Religious issues permeate the whole Rawlsian work. The problem is to know how people with different religious understandings can come to overlapping consensus. The solution to the problem of how political legitimacy can be achieved, despite religious conflict, and how, between citizens of different faiths, political justification can be pursued without reference to religious conviction is related to the idea of public reason.
In: Lex Humana, Heft 2, S. 35-53
Since it is imposed to thinking, deconstruction can be seen as a law, the Law itself. Deconstruction of law is to put it in the context of writing, to notice its submission to the différance, to the play in the language. The law of deconstruction acts in the deconstruction of law, revealing paradoxes and fragilities of juridical order, as well as concepts of natural law and human rights. Finally, deconstruction of law brings with it justice as undecidability, such as the obligation to make fair decisions, even when it is not possible to state the presence of justice. Law, writing and deconstruction converge then to justice, understood as the hospitality.
In: Griot: Revista de Filosofia, Band 15, Heft 1, S. 17-43
In this article we intend undertake a reading of ancient judaism, or veterotestamentary, in some of its main aspects, in contrast to the Machiavellian view of the role of religion in the organization and expansion of the State. The first step of this enterprise will be given by exposing the founding and delineanting features of the ancient Jewish tradition, especially in the books that make up the so-called Old Testament, demonstranting the using of religion in the ordination and expansion of the State, as well as in the formation of the individual. In a second moment we will demonstrate how to create a new Jewish tradition, influenced and influential on the ancient Greek world, early in the Christian era which will be assimilated and explored in its mystical bias in Renaissance humanism. This Hellenistic Judaism tradition will be best known and assimilated in the European erudite circles of the Renaissance. Finally, we will try to demonstrate how the constitutive features of ancient Judaism, to the detriment of Hellenistic Judaism, can be read in the light of Machiavellian description of the role of religion in the organization and expansion of the State and the formation of the individual.
After the Lisbon Summit of 2009, the whole matter of fundamental rights in the European Union has taken a new connotation. Local economic interests and social protests – in opposition to the "neoliberal agenda" of EU institutions – have played an important role in stopping the enforcement of the "Constitutional Treaty" and boosted an anti-Euro mobilization. In the meanwhile, the European bodies and transnational corporations have continued to settle a new and alternative basis for the integration. A radical shift can be observed, from the research of synthetic set of principles – as those established on the EU Charter of Fundamental Rights – to a deeply technical and detailed normative production. The regulation on safety and healthy workplaces is one of the best point of view to study this change. Far from calling into question the unbalanced positions between the parties in contemporary labour relationships, the European strategy for workers' protection move through procedural issues and voluntary obedience to the soft law instruments. In the past, the legal doctrine described the creation of a multilevel architecture of institutions, sometimes implemented in a top-down approach. Along with this, recently, it was implemented the establishment of common organizational standards associated to a specific system of corporate governance to pursue a better integration between business and fundamental rights. ; Após o Summit de Lisboa de 2009, toda a questão dos direitos fundamentais na União Europeia tomou uma nova conotação. Os interesses econômicos locais e os protestos sociais – em oposição a "agenda neoliberal" promovida pelas instituições europeias – têm desempenhado um papel importante em parar a execução do "Tratado Constitucional" e impulsionaram uma mobilização anti-Euro. No enquanto isso, os organismos europeus e as empresas transnacionais instalaram uma base nova e alternativa para a integração. Uma mudança radical pode ser observada, a partir da pesquisa de um conjunto (ainda) sintético de princípios – como os estabelecidos na Carta dos Direitos Fundamentais da União Europeia – para uma produção normativa profundamente técnica e detalhada. A regulação da segurança no lugar de trabalho é um dos melhores pontos de observação para estudar a transformação mencionada. Longe de pôr em causa as posições desequilibradas entre as partes nas relações de trabalho contemporâneas, a estratégia europeia para a proteção da saúde dos trabalhadores prefere as questões procedimentais e a adesão voluntária aos instrumentos de soft law. No passado, a doutrina jurídica descrevia a criação de uma arquitetura multi-nível de instituições, as vezes implementada por meio de uma abordagem de cima para baixo (top-down approach). Junto com isso, recentemente, teve a implementação de padrões organizacionais comuns para a criação de um sistema específico de governança corporativa, finalizado a buscar uma melhor integração entre os negócios e os direitos fundamentais.
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ISSN: 2179-7137
In: Griot: Revista de Filosofia, Band 21, Heft 1, S. 379-409
The paper aims to clarify the sense of contemporary fascism, particularly from the example of the Brazilian Bonsolarism, defining it as an anti-systemic, anti-institucional, anti-juridical and infralegal perspective with a personalist, devoted, voluntarist, spontaneous and militant character which starts from inside judiciary and in terms of subversion of the relation among law, politics and moral, and that, by means of politicization and partisanship of law, branches to the political system, serving as instrument to the fratricide political war among parties, from there linking to civil society in the form of constitution of a digital-social mass-militia of acclamation oriented to an anti-systemic posture. In this dynamic, the fascism has two constitutive and streamlining cores: on one side, it subverts the correlation of human rights and law, delegitimizing and truly destroying the ontogenetic primacy, the separation, the differentiation, the self-referentiality and the overposition of law in relation to politics and moral, as the subsidiarity of them regarding law; on other, it leads to the deconstruction from inside to judiciary and political system of the highly institutionalist, legalist, technical, formal and depersonalized perspective which is proper to them, eliminating the centrality of the judiciary and, them, delegitimizing its regulator role regarding to political system and to the social dialectics, normalizing the totalizing regression caused by political-moral colonization of the democratic law. By reconstructing the pluralist and universalist democracy's meta-normative and generative basis as a public system of law, that is, the co-originality of universality of human rights, pluralism and law, the condition of ontogenetic primacy, independence, self-subsistence and overposition of law in relation to politics and moral, as the subsidiarity of these regarding to law, we will point to the renewal of this systemic, systematic, procedural, mediated, instancial, progressive and publicized perspective of the public system of law, in the interrelation, separation and overposition of judiciary and political system, demarcated by a strong ideal of methodological-procedural-axiological institutionality, legality, technicality, formality and depersonalization, which eradicates the politicization and partisanship of law and, by devolving the complete integrality to law-judiciary, confines the democracy's political system and civil society to their true limits which are its structural basis: the human rights, the legal process and the public system of law, with the necessity of full translation of politics and moral to law, delimitating the pluralist and universalist democracy as a public system of law oriented to the production of universality in/as/by legality.
In: Collegium Politicum Volume 7
In: Boletim de Ciências Económicas, Band 57, Heft 1, S. 1301-1326
In: Griot: Revista de Filosofia, Band 22, Heft 3, S. 116-127
In the Critique of practical reason, Kant develops the foundation of moral law in its objective and subjective aspects. After claiming that it is plausible to postulate the determination of will only through pure reason, it was necessary for the philosopher to demonstrate how it becomes conscious and acceptable to the moral agent. In this step, he examines the feeling of pleasure and displeasure, to which he associates, at first, the humiliation of the will given to the satisfaction of the senses, so that in the subject emerges a new quality of feeling, respect, also called moral sentiment. The same strategy is found in the third critique, where the constraint, this time, acts on the imagination, unable to encompass the sublime immensity with the help of understanding. The displeasure that comes from it leads to the recognition of reason as a higher faculty and, from it, to the pleasure that comes from the conscience of the moral law as a higher destination. To consider the way in which the subjective assimilates the moral law, here it is intended to think it under the hypothesis of being it, rather, through embarrassment and displeasure, not only founded on the freedom, but also on the humiliation of presumption. The argument follows Kant's works on ethics, beginning with the Groundwork of the Metaphysics of Morals, then follows the path of the second to the third criticism. In this journey, we intend to examine the place that the feeling of pleasure occupies in the a priori foundation of the moral law, whether in the analytical of practical reason or in the analytical of the beautiful and the sublime.
In: Boletim de Ciências Económicas, Band 57, Heft 1, S. 1231-1266
In: Griot: Revista de Filosofia, Band 19, Heft 2, S. 108-121
After seating the objective foundation of the moral law in the practical pure reason, Immanuel Kant investigates the subjective foundation and it introduces the feeling. Of product of the reason the moral law will be examined as effect on the vitality, in a dialectics of displeasing and pleasure, of which the moral feeling appears. The presente article seeks to problematize this aspecto f the ethics of the philosopher to the light of the Critic of judgement end of the relationship between beginning of the pleasure beginning of the reality in of Sigmund Freud. When putting in subject the relationship among pleasure feeling and moral in the thinkers, it is investigated in the philosopher would not be in subject the discovery of the interns of the moral law.
In: Griot: Revista de Filosofia, Band 21, Heft 2, S. 293-310
Habermas discusses the chances for the establishment of world citizenship in contemporary society, marked by multiculturalism and the process of globalization. Habermas identifies the historical configuration of the post-national constellation, and from there themed the transition from international law to the law of citizens of the world, which aligns the concept of citizenship to the idea of human rights. Habermas analyzes the Kantian idea of a cosmopolitan state in which citizens are legal subjects of their respective States and members of a cosmopolitan entity. Kant elaborates on the concept of world republic, which Habermas disagrees with, but offers the example of the European Union for a discussion on the realization of a just and peaceful international order. Based on the Kantian orientation of constituting an order of world citizenship, Habermas discusses the conformation and viability of this idea in contemporary times. For Habermas, it is possible to spell out the idea of cosmopolitan citizenship. From the European Union, cooperation between States and citizens shows that a cosmopolitan community is needed to complement an international community of States.
A sociedade israelense constitui um exemplo interessante de religião da política, ou seja, um exemplo de como a dimensão política de uma sociedade pode adquirir um aspecto religioso próprio, assumindo um caráter de sacralidade. No início da experiência sionista acentua-se em Israel a religião do trabalho, a construção de um calendário cívico, a formação de uma nova identidade nacional. A partir da metade dos anos 1970, outros fatores prevalecem: a memória da Shoah, a construção de lugares do martírio nacional, o mito da resistência até o último homem. Chama-se a atenção, neste ensaio, para os percursos de uma sociedade civil que sente a necessidade de reescrever os contornos de sua identidade e remodelar a memória pública, pensando em si mesma como comunidade nacional. ; Israeli society constitutes an interesting example of the religion of politics, that is, an example of how the political dimension of a society may acquire a religious aspect of its own and assume a sacred character. In the beginning of the Zionist experience, the religion of labor, the construction of a civic calendar and of a new national identity gained importance. From the mid 1970's on, other factors have prevailed. They are: memories from the Ha-Shoah, the construction of national martyrdom sites, and the myth of resistance until the last man. In this essay, the tracks taken by a civil society that feels the necessity of redefining the contours of its identity and remodeling its public memory, considering itself a national community, are emphasized.
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