Lei natural e lei civil em J-J Rousseau

• Ano de defesa: 2015
• Autor(a) principal: Sabino, Camila Barbosa [UNESP]
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Estadual Paulista (Unesp)
• Palavras-chave em Português: Rousseau, Jean Jacques 1712-1778; Contrato social; Ciência política - Filosofia; Filosofia moderna; Direito natural; Direito - Filosofia; Natural law
• Link de acesso: http://hdl.handle.net/11449/136038; http://www.athena.biblioteca.unesp.br/exlibris/bd/cathedra/24-02-2016/000858785.pdf

The research is aimed to understand the concept of Natural Law and Civil Law in the work of Rousseau and to examine the possibility of a relationship between these two concepts and the formation of a single conception of Law. However, it was found that there is an intersection and interdependence between the concepts of Natural Law and Civil Law built inside a linearity that begins in the hypothetical plan of the Second Discourse and that is realized on the historical level of the Social Contract, but there is no possibility of forming a single concept of Law. That is, the Natural Law emerges in the state of nature and it can be defined as a set of natural principles shared between man and nature, among them: love of self, compassion and natural principles that distinguish humans and other beings, namely: freedom and perfectibility. Such principles drove the man, naturally lonely and without notions of morality, to make changes in his relationship with nature to improve the living conditions and gradually intensify his social interactions, a situation that, despite having brought expansion of his own conscience and self-awareness the other and moral maturity, highlighted the progression of inequality that culminated in a state of war that ends with the social pact or pact of the rich. It establishes justice and right, through a proposal for a legal equality, which can be considered as an expression of citizen maturation regarding the Law conception. Until then, this was a logical principle set without enforceability and from the establishment of the contract it begins to have coercive force that, unlike the pact that is a primitive act of contractual nature, is going to give movement and will to the political body. And in this legislative movement the subjects should primarily observe themselves as participants in the sovereign authority by the understanding which presupposes their own...