FILOSOFIA DO DIREITO

Summary

The lecture by Marcos Paulo Fernandes Arujo delves into the philosophical underpinnings of justice, tracing its etymological roots and conceptual evolution. Starting from ancient Greek philosophy, Arujo discusses the transition of justice from a virtue to a legal concept, influenced by thinkers like Plato and Aristotle. He critiques modern interpretations, particularly John Rawls' theory of justice, which emphasizes fairness and equality, and contrasts it with Michael Sandel's approach that revives Aristotelian themes. Arujo's discourse highlights the importance of understanding justice within a broader societal context, beyond mere legal constructs.

Takeaways

• 😀 The speaker, Marcos Paulo Fernand de Araújo, is a law graduate from the State University of Rio de Janeiro, with a master's degree from the same institution and a Ph.D. from the Federal University of Rio Grande do Sul.
• 📚 He is teaching a course on the theory of justice, a fundamental subject for postgraduate studies in the philosophy of law, which has been somewhat neglected in the past during the period of legal positivism.
• 🌐 The course will cover etymological and conceptual approaches to justice, discussions on justice as a virtue, the species of justice, the essence of justice and its related virtues, and a historical overview of the concept of justice in modernity and contemporary discussions influenced by the atrocities of Nazism and Communism.
• 🔍 The first lecture focuses on the etymology of the word 'justice', emphasizing the importance of words in human communication, contrasting them with images which are increasingly manipulated in modern society.
• 📖 The Latin word 'justitia' is explored, with its origins possibly linked to 'ius' (right), and various etymological theories are presented, including connections to command, proximity, and religious offerings.
• 🏛️ The Greek concept of justice is discussed, with the words 'dike' and 'themis' highlighting different aspects of justice, such as cosmic order and internal establishment of justice.
• 📘 Historical definitions of justice are reviewed, from ancient Greek philosophers to medieval and modern thinkers, showing the evolution of the concept and its connection to law, human rights, and philosophy.
• 🤔 The lecture touches on the distinction between justice as a legal concept and justice as a moral virtue, challenging the separation of law and morality and emphasizing the role of justice in achieving a good life in common with others.
• 🏛️ The role of law in society is discussed, with an emphasis on its function to guide citizens towards a virtuous life and to maintain equality and dignity among people, rather than merely being a tool for coercion.
• 🌟 The course aims to deepen the understanding of justice, exploring its philosophical roots and its practical implications in contemporary society, highlighting the ongoing relevance of these discussions in the face of historical and contemporary challenges.

Q & A

What is the main subject of the course taught by Marcos Paulo Fernandes Arujo?

The main subject of the course is the theory of justice, which is fundamental to postgraduate studies in the philosophy of law.

What is the significance of the etymological approach to the concept of justice in the first lecture?

The etymological approach is significant because it aims to delve into the core of what justice is, starting from the roots of the word, which is considered important despite the contemporary reliance on imagery and communication.

What are the two main Greek words for justice, and what do they represent?

The two main Greek words for justice are 'dike' and 'themis'. 'Dike' represents a cosmic order that arranges things according to their proper places, while 'themis' is associated with an internal establishment of justice, more static in nature.

How does the concept of justice differ from other virtues according to Aristotle?

According to Aristotle, justice is a virtue that is directed towards others, making it distinct from other virtues which are more self-contained. It is also considered a 'total' virtue in its reference to others, as it ensures each person gets what they are due according to law.

What is the historical development of the concept of justice in the Western tradition?

The concept of justice in the Western tradition has evolved from ancient Greek philosophy, through Roman law, and into Christian and modern thought. It has been influenced by various philosophical, religious, and social changes, including the atrocities of the 20th century that made discussions about justice unavoidable.

What is the role of images and words in human communication according to the lecture?

Images and words are both essential in human communication. While images are often considered more impactful, words are the distinctly human mode of communication that allows for complex ideas and concepts, such as justice, to be discussed and understood.

How does the lecture address the manipulation of images in contemporary society?

The lecture mentions that images are increasingly susceptible to manipulation, which can lead to misinformation and deception. It contrasts this with the human capacity for verbal communication, which is less prone to such manipulation.

What is the importance of the discussion on the etymology of 'justice' in understanding its philosophical concept?

The etymology of 'justice' provides insight into the historical and cultural development of the concept. By examining the roots of the word, the lecture aims to uncover the foundational ideas and values associated with justice.

What is the relationship between justice and law as discussed in the lecture?

The lecture discusses justice and law as interconnected but distinct concepts. While law provides the framework for societal order, justice is a broader concept that encompasses the ethical and moral dimensions of fairness and rightness within that order.

How does the lecture relate the concept of justice to the idea of a common good?

The lecture suggests that justice is inherently tied to the idea of a common good. It is through the pursuit and maintenance of a common good that justice can be achieved, as it involves the fair distribution of benefits and burdens among members of a community.

What is the significance of the discussion on the different etymologies of the word 'justice' in various languages?

The different etymologies of the word 'justice' in various languages reflect diverse cultural and historical perspectives on the concept. By examining these etymologies, the lecture aims to highlight the richness and complexity of the idea of justice across different societies.