O que é a Escola Contratualista do Direito? O que é Contrato Social? Teoria Racional de Rousseau

Summary

In this video, Cíntia Brunelli explains the concept of the rationalist or contractual school of law, focusing on the social contract theory developed by Jean-Jacques Rousseau. She outlines how, in the 17th and 18th centuries, philosophers like Hobbes, Locke, Montesquieu, and Rousseau distanced legal principles from religious influence, basing them on reason. The social contract is introduced as an agreement individuals make to live in society, with laws to govern behavior and ensure societal harmony. The video emphasizes that law only makes sense within a society and encourages viewers to explore more on this subject.

Takeaways

• 😀 The video discusses the **rationalist or contractual school of law**, which emerged in the 17th and 18th centuries.
• 😀 The video introduces **social contract theory**, particularly focusing on **Jean-Jacques Rousseau's** ideas.
• 😀 In the **theological school of law**, laws were believed to be divine commands from God.
• 😀 The **rationalist school of law** shifted away from religious influence, emphasizing the role of **reason** in law-making.
• 😀 Thinkers like **Thomas Hobbes**, **John Locke**, **Montesquieu**, and **Rousseau** were key in the development of the rationalist or contractual approach to law.
• 😀 Rousseau's **social contract theory** argues that individuals must follow societal rules in exchange for protection and societal benefits.
• 😀 In the early stages of humanity, people lived independently but later formed societies and created rules to regulate interactions.
• 😀 The **social contract** is the foundation for how laws are enforced in societies to maintain order and protect individuals.
• 😀 According to Rousseau, **laws make sense only within society**—they have no relevance if an individual is isolated.
• 😀 The social contract theory is still influential today, with modern societies requiring citizens to obey the laws to live harmoniously.

Q & A

What is the 'rationalist or contractual school of law' discussed in the video?

The rationalist or contractual school of law focuses on the idea that legal systems should be founded on reason and social contracts rather than religious principles. It emphasizes the creation of laws based on universal principles of justice, influenced by philosophers such as Thomas Hobbes, John Locke, Montesquieu, and Jean-Jacques Rousseau.

What is the concept of the 'social contract' as explained in the video?

The social contract refers to the agreement individuals make to live together in society, agreeing to follow certain rules and laws. This contract ensures order and cooperation, where individuals must obey the laws or face punishment, facilitating a functioning society.

How did the 'rationalist school' challenge previous theological views on law?

The rationalist school rejected the idea that laws come from divine authority, which was a key belief in the medieval theological school of thought. Instead, rationalists believed that laws should be based on human reason and principles of justice, independent of religious teachings.

Who were some of the major philosophers associated with the rationalist or contractual school of law?

Key philosophers associated with this school include Thomas Hobbes, John Locke, Montesquieu, and Jean-Jacques Rousseau. Their ideas about law and society helped shape modern legal and political thought.

What role does the social contract play in ensuring social order?

The social contract plays a critical role in ensuring social order by establishing rules and expectations for behavior. By agreeing to the contract, individuals maintain a stable society where laws are followed, and justice is served, preventing chaos or anarchy.

How does Rousseau’s concept of the social contract relate to modern society?

Rousseau's social contract is foundational to modern legal and political systems. It suggests that individuals give up certain freedoms in exchange for security and the benefits of living in a society, and the state enforces laws to ensure fairness and justice.

Why would obeying laws not make sense if someone lived alone on a deserted island?

If a person lived alone on a deserted island, there would be no society to interact with, and thus no need for laws. Laws are created to regulate the behavior of individuals within a social context, making them irrelevant in isolation.

How does the idea of a social contract influence laws in modern countries?

In modern countries, the social contract influences the obligation of citizens to obey the laws of the state. This is seen in how legal systems regulate behavior to maintain public order, and how individuals are held accountable for their actions within society.

What is the significance of the quote, 'where there is society, there is law'?

This quote highlights that law is only meaningful within the context of society. In a collective setting, laws ensure that individuals' actions are regulated, making cooperation and peaceful coexistence possible.

How does the video suggest one can learn more about the law in a short amount of time?

The video suggests that one can learn the basics of law in a short time by reading an eBook called 'Introduction to the World of Law,' which condenses key concepts into a quick read, offering foundational knowledge that would normally take longer to acquire in university.