Uma análise crítica de diferentes interpretações do projeto de hart em “o conceito de direito”

• Ano de defesa: 2023
• Autor(a) principal: Weiller, Jerônimo Erig
• Orientador(a): MacDonald, Paulo Baptista Caruso
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: eng
• Palavras-chave em Português: Hart, Herbert L.A., 1907-1992; Filosofia do direito; Análise conceitual; Definição (Filosofia); Filosofia da linguagem ordinária
• Palavras-chave em Inglês: Philosophy of law; Conceptual analysis; Stipulative definition; Ordinary language philosophy
• Link de acesso: http://hdl.handle.net/10183/272040

The present thesis compares different interpretations of Hart’s project in “The Concept of Law”, examining the evidence in favor of each and trying to establish to what extent they are charitable. The first interpretation considered is that according to which the author’s objective was that of doing modest conceptual analysis, trying to simply determine in what terms most people would describe hypothetical situations. After a general analysis of the book demonstrates that it is compatible with this interpretation, it is argued that this vision of the hartian project would impose limits to the criticisms that he could level against other authors. The second interpretation says that Hart was stipulatively defining a certain sense for the term “law” due to the positive political consequences that would follow from the use of the term in this sense; this interpretation equally has evidence in its favor, but is limited with regard to the criticisms to other authors that it would allow. Many activities that have been called “real definition” are also taken into consideration, but none seems to be a valid interpretation os the work’s project. Finally, the hypothesis that Hart was doing conceptual analysis in the manner typical of the “ordinary language philosophy” movement is considered and, though there is much evidence in favor of this interpretation, it is not defended due to criticisms that may be directed to the presuppositions of the movement.