A ideia de justiça em Nietzsche: ou a justiça para além da ideia

• Ano de defesa: 2016
• Autor(a) principal: Luiz Filipe Araújo Alves
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Minas Gerais; UFMG
• Palavras-chave em Português: Niilismo; Vingança; Nietzsche; Justiça; Ressentimento; Vondade de Poder; Vontade Filosofia; Direito Filosofia; Nietzsche, Friedrich Wilhelm, 1844-1900 Critica e interpretação
• Link de acesso: http://hdl.handle.net/1843/BUOS-APCQT4

From the perspective of a Counter-History of Philosophy of Law, which comprises the legal thought not just through the greatest philosophical traditions, it is possible to think justice beyond transcendent foundations, such as Freedom, Equality and Human Dignity. These reflections about the justice based upon philosophers such Friedrich Nietzsche [1844-1900]. From the central themes of the Nietzschean philosophy, such as the Perspectivism and the Genealogy of Values, it would be possible to think in a critical and unconventional way the understanding of law and and justice, that is, while an agonistic relation of power in search of a balance. In that sense, there is a reception of the Will to Power to understand the dynamics inside the power relations in all spheres of life, especially in the legal and ethical life. However, is not a simple reflexion of justice as power relations. Nietzsche's reflections on Western culture and its march towards Nihilism show that it is possible to identify expressions of this movement on the evaluations of the world as oppositions to life itself. These oppositions are not only against society and institutions, but also against values. Thus, it is possible to think of a new justice which shows itself in the becoming without guilt, bad conscience, resentment and, above all, as opposed to vengeance. This dissertation discusses key issues of the Philosophy of Law, but in a different and divergent perspective of justice until now bequeathed in the West.