Moral, direito e ética: uma abordagem da virtude aristotélica como condição de possibilidade da justiça kantiana

Abstract

The present research focuses on the conceptual analysis of justice in the thought of Immanuel Kant, especially in the works: Metaphysics of Morals, especially in the Doctrine of Right and Doctrine of Virtue, establishing a comparative study of the Aristotle justice's conception from the Nicomachean Ethics text. To this purpose, we will investigate the concepts of virtue, character, virtuous action and practical wisdom in the view of the two thinkers, conducting an accurate study of the aforementioned works, as well as others, in order to point out the approximation's point as well as the divergent points between both Kantian and Aristotelian thought. We also intend to argue that the Kantian conception brings implicit in its definition of justice the concept of Aristotelian virtue. Our research will be developed from the analytical methodological approach and will consist fundamentally in the review and bibliographical research about the relationship between morals, ethics, law, justice and virtue. We will scrutinize, in Kant, whether or not morality underlies law, as well as how law differs from morality, from the context and the main characteristics of Kantian ethics, more specifically, the key piece of his practical philosophy, the categorical imperative, as the supreme principle of morality, and his idea of law as a real possibility of a community of free beings. In Aristotle, we will consider the concept, classification and nature of justice, his theory of action and the importance of rationality, voluntariness and deliberation. We will also analyze the role of habit and mean ground in the moral virtues for the formation of character as well as the characterization of virtuous action and the virtuous man and his relationship with eudaimonia. Finally, we will seek in the concept of practical wisdom a possible link between Aristotelian justice and Kantian justice. [resumo fornecido pelo autor]