Name: Suzana de Alvarenga Lourete
Type: MSc dissertation
Publication date: 19/07/2018
Advisor:
Name |
Role |
|---|---|
| José Pedro Luchi | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| Delamar José Volpato Dutra | External Examiner * |
| José Pedro Luchi | Advisor * |
| Marcelo Martins Barreira | Internal Alternate * |
| Ricardo Corrêa de Araujo | Internal Examiner * |
Summary: This work analyses Human Rights within Jürgen Habermas' political philosophy, from a postmethaphysical arguition of Moral and Law, as well as their legitimacy in democratic, multicultural and plural societies. The first chapter explores Habermas' understanding of the methaphysical thinking and how the Frankfurt philosopher engenders the elements of a theory of rationality and of a postmethaphysical ethics, which will ground moral and legal norms. The second chapter analyses the habermasian approach to the nexus between the postconventional moral and the discourse ethics, leading to understand the relation between this Moral and the Law, through the inclusion of subjective rights in the modern legal order. The chapter finishes with Apel's
criticism to the moral neutrality thesis and Habermas' replics advocating his theory of a complementary relation between moral and law. The third chapter explains the role of Human Rights in the habemasian practical and legal philosophy, though the cooriginality of Human Rights and people's sovereignty, creating a range of fundamental rights, named by Habermas as "logical genesis". Finally, this work sustains the role of mediator of human dignity as the postmethaphysical universal moral source of Human
Rights, before the primacy of the justice over the good.
