Detalhes bibliográficos
| Ano de defesa: |
2018 |
| Autor(a) principal: |
Rafful, Leonardo José
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| Orientador(a): |
Fonseca, Márcio Alves da |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
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| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
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| Departamento: |
Faculdade de Direito
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| País: |
Brasil
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/20994
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Resumo: |
This dissertation has the scope of the analysis of the paper: "An introduction to the principals of morals and legislation" by the philosopher Jeremy Bentham, the discussion of his theory and the application of it within a system in which legal positivism prevails. For this purpose, the descriptive method was used, based on an accurate bibliographic analysis of national and foreign papers about the author’s masterpiece and backbone of his work. We started from the hypothesis that the application of this theory could result in greater legal certainty. The application of utilitarianism in our legal system would remove arbitrariness and insecurity from the application of law as it does in the common law system. As so, the concepts of hedonistic and eudaimonist happiness were studied in order to verify what kind of individualistic happiness, utilitarianism can be embedded. In the following act, David Hume's principle of causality was analyzed in order to integrate those concepts, since Jeremy Bentham, in the first chapter of the work under analysis, states textually that the human being would be inextricably linked to the chain cause and effect. Finally, in order to insert in this research a counterpoint to the thought of Jeremy Bentham, the theory of Hebert Hart was analyzed, in his paper: "The concept of right", being verified that, while the first one takes care of the construction of a theory which would guarantee the elaboration of norms that lead to happiness, the second concerns about the application of law, concluding that utilitarianism is a theory directed to the legislators with the application in a positivist system, so that through it, society can achieve happiness without compromising legal security, social order, and caring, on the other hand, for causal relations |
