Reflexões sobre o direito e sua relação com a moral a partir da Ética Nicomaqueia

Abstract

The study at hand intends to examine the central aspects of aristotelian philosophy of law. We intend to clarify, based on the Nicomachean Ethics, the object and the goals of law, in light of the distinction between (un)just state of affairs, (un)just action and (un)just person, and describe the relationships between law, virtue, human action and moral responsibility. The study is divided into three chapters. The first chapter is dedicated to the formation of virtuous character, the characterization of virtuous action, the definition of moral virtue and the theory of action through deliberate choice, including the analysis of the agent's moral responsibility. The second chapter focuses on the conceptual core of the aristotelian theory of justice; we will examine justice in a general sense, which is the complete virtue in relation to another, and justice in a particular sense, as a part of virtue. Each of the species of particular justice (distributive justice, which regulates the distribution of goods and honors in the political community, and corrective justice, which regulates transactions in general, whether voluntary or involuntary) will be examined. Next, natural justice and legal justice, as species of political justice, and the concept of equity will be analyzed. The last chapter aims to extract from the previous analysis the main elements of the Aristotelian theory of law. It will be explained that just action does not necessarily result from justice as a virtue, and unjust acts do not necessarily indicate an unjust character. The boundaries of law are defined as equivalent to the boundaries of particular justice; law is described a as set of coercive rules of conduct. The immediate goal of the law is the realization of what is just in an objective and particular sense; the ultimate goal of the law is the formation of good citizens. It will be argued that the ultimate goal of the law may be achieved by means of education, persuasion, intimidation and punishment. [resumo fornecido pelo autor]