História Essencial da Filosofia Vl 5 (Portuguese Edition)

If ideas may not be enough, or may be considered vague, what about blood? Could we consider that the philosophy of a country or of a culture is the one of the people who was born there, that is to say, the one concieved by native citizens? Baruch of Spinoza or Bento de Espinosa Shall we consider him a Dutch philosopher by ius soli or a Portuguese or a Jew philosopher by the ius sanguinis?

This seem so irrelevant as the quarrel about Colombo's nationality. He was an European, one of the first Europeans. And so was Spinoza But sometimes some country wants the adoption of heroes or philosophers There are, for example, a mythological and fanciful version on the Lusitanity of Aristotle he would be born in Lusitania, and then went to Greece: This is indicative of the attachment of the Portuguese to the Stagirit.

But also it means that this is, at least in some periods and for certain minds, such an important question that it may be falsified, in myth. In fact, we have not only the ius soli or ius sanguinis criteria to establish the nationality of a culture. It has been discussed, for example, about the cradle of the first juridical philosophical thinker uncontroversial Portuguese, D.

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By these examples, Portugal seems fertile in philosophers of law not born in its territory. But they are just two cases. Breaking the placid traditional line, however, the Renaissance period gave way to another kind of preferences or anxieties, at least in their formulation and explicit style.

And after that scientists and technocrats took the fortress of Law. But the decline of the essential concern of legal philosophy and even of its university studies does not mean death. In the shadow and silence, and even resistance, there has always been researchers and thinkers faithful to the tradition of reflexive law.

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Legal philosophy, cultivated among us in a non-academic way 'implicit' in the terminology of Miguel Reale very early at least since the fourteenth century , was officially introduced in Portugal in its rationalist formula by Pombal's reform of the University , then assuming the name "Natural Law which, as is well known, in Spain still remained for a couple of centuries.

Even in the late nineteenth century, the philosophy of law had between us host among pure philosophers, and was taught at the High Schools, in the discipline of Philosophy. Cunha Seixas, pioneering Portuguese philosophy, who served until his death as a lawyer, did not disdain to write legal philosophical pages for the purpose of teaching in high schools and normal schools. The second half of the nineteenth century assists in Portugal to a major outbreak: In the early twentieth century, however, positivists had succeeded in imposing on curriculum reform, in It produced a change of name and content in the chair of the first year of law school: And integrated into a whole plan that was to precede the study of the positive law of sociological Prolegomena.

Not a bad idea, if it was not largely ideological in the sense of propaganda The positivist reform plan for law studies, which followed the establishment of the First Portuguese Republic in very inspired on the previous Brazilean one , abolished the Philosophy of Law, and soon after created the second Lisbon Law Faculty, a leading school whose name printed on the philosophical conception of its creators: Faculty of Social Studies and Law. Obviously the new institution appeared devoid of legal philosophy.

The rallying cry of turning back to the roots emerge from the student of the Faculty of Law of Coimbra later to become one of the most solid and reputable historians of law , Paul Merea, still in , through a conference, and later two articles the latter returning to the initial conference, and published in But it would take more than twenty years that seed bear fruit. Restored in , with Cabral Moneada, companion of studies of Merea, although primarily only experimentally, the discipline has counted worthy successors to the legacy of these masters, although it has been subject to further vicissitudes, never finished because of the antiphilosophical prejudice, nowadays enhanced by prevailing climate of technological cretinism as the French sociologue Jean Duvignaud puts it.

But more interesting than the official Jurisprudence is the reflection on Law by people who are not professional jurists. It should be noted that one of the appealing and attractive characteristics of Portuguese Philosophy is its "orality" and even a certain amount of memorialism. There is a patent alive dialogue with the reader, which is made of direct questioning, storytelling that assumes the art of saying what you mean, so often very beautifully and that Leonardo Coimbra was a master on this: No fatuous blisters and particularly uncomplicated and purposeful verbal intellectualism.

The ideas of these authors about law, justice, etc. There are a certain esoteric aura in some writings, even more philosophical-political ones such as in Dalila Pereira da Costa and Sampaio Bruno. New authors of this school, like Braz Teixeira, seem to make a bridge between the non academic and the academic fields.

The last idea is the contruction of a theory of juridical rationality, opposed to a simple methodology of law The evolution of the Brazilian legal philosophy has had some parallels with the Portuguese one, at some point to be considered 'one of the virtualities of Portuguese philosophy who found a suitable opportunity and ran its course. Eventually this is an ethnocentric statement.

And other theoretical solutions could be found Let's just recall that, at the level of the aforementioned legal philosophy, the fact that the Jesuits have strongly influenced the colonization period. And they generally marked an essentially Thomistic philosophy, which had repercussions on the traditional Brazilian Philosophy of Law. However, now we have in Brazil as many schools of thought as it would be imaginable, or even more. The creativity is a rule, there, and the intellectual prejudice is almost absent Rui Barbosa, intellectual and tribune which is still a myth, proposed replacing the chair of the Natural Law by Sociology.

And the Brazilian Republic November 15, , which adopted the Comtean slogan "order and progress", embracing the globe, while quenching chairs of Ecclesiastical Law, replaced coherently Natural Law by History and Philosophy of Law. This chair, however, does not usually constitute more than a precursor little known, though of the identification of legal philosophy and legal theory or methodology in formulations similar to those we now know well.

Although already in an introduction to law, under the title The Truth as Rule Actions, had decisively attacked the already prevailing positivism, only since the 40s, and perhaps especially up in the aftermath of World War II, overcoming positivism at the philosophical level, will be consummated in Brazil. The permanence of Thomistic thought in Brazil appears to us differently evaluated by the authors. However, this author finishes significantly its glimpse of Brazilian legal philosophy of the last hundred years with a reference to this current, noting that "it deserves to be remembered significant inspiration of Thomistic studies' that highlights Tristan Athayde pseudonym of Alceu Amoroso Lima , Edgar Godoi Leonardo da Mata Machado and Van Acker.

Nowadays, in addition, of course, we see the traditional flow and attractiveness of new analytical and neopositivists the kelsenianism has a certain role too , plus the new wave of "alternative law", postmodern law, legal culturalism, neoconstitutionalism, pluralism, etc.. And even more specifically the legal tridimensionalism, current or confluence of currents that most associate with the image Brazil Jurisprudence.

But to what extent this last identification is not due to the enormous international prestige Miguel Reale? We have to make a reflective pause: How to identify the Lusophone Jurisprudence? Only with a more European version, or a tropical readapted-Aristotelianism Thomism on law matters? These items seem really scarce and poorly differentiated while national or cultural legal philosophy.

That traditional way is not the way In our various previous studies on these questions, we followed the trail of a possible specific Portuguese thinking in multiple authors, particularly between the eighteenth and nineteenth centuries. This is not the place to present the findings on each of them. In general, these authors were worrying about what we would call Justice, equity and the like.

But the question, in view of the actual data, is quite strong, and distressing. The most important doubt is this one: Is it fair to make that choice? Again, the Portuguese evolution may be an illustrative and eloquent example. It seemed that it was a movement, a school, with a certain programmatic and even ideological aim. However, after the studies of this thinker, a contemporary one, it seems that Portuguese philosophy changed: Because it cannot be Portuguese philosophy some philosophical works in Portuguese language but by other nationals from other countries And there are many African countries with Portuguese as official language, apart from the case of Brasil, East Timor and other parts of the world where it is not official language but it is spoken, like Macao, in China at least partially or Galicia, in Spain, acording to some observers But even this new vision, more wide, more open, seems to bring us some problems.

First, authors like Silvestre Pinheiro Ferreira, Portuguese by language and nationality, but also very close to Brazil where he lived and ruled as a Portuguese minister of king John the Vlth, from to , wrote sometimes in French, and published books in France. Why should the French works of Portuguese or Brazilian or others This specific text itself, should it be put away from it, because it is in English? Or may we suspect that the obstination in the language hides a certain vagueness of the substance?

Terrible tempatation, this last thought. Secondly, Portuguese language is shared by many countries, as we know. If language is the most important, how can we distinguish a Portuguese philosophy from a Brazilean, an Angolan or a Timorease one?

Filosofía del derecho lusitana en el contexto de la filosofía del derecho iberoamericana

It seems that language is not enough. This leads us to a more complex question: The main question, here, seems to be: Not a national one, even nor a linguistic first step. We may discuss the pertinence of this in philosophical, cultural, sociological and even geopolitical terms. Thirdly, it is quite easy to put into Portuguese or in Castillian A Portuguese mental translation of a foreign philosophy and eventually very strange to the ways of Lusophone people: Our personal answer is negative. But we must go further. We think that it is not profitable to think on a national or civilizational philosophy if it has nothing more than the linguistic common topic.

It has to have some peculiar common soul, spirit, idea. Of course they have to adapt to certain more or less peculiar aspects of the language they must use. But the container doesn't completely change the contained. And let's allways remember that Spinoza, even Spinoza itself seemed to have thought in a language different from the languages he used to write. This is very important. One think is to think directly in one language, another one is to translate our own thoughts to another language. And even when the thinker thinks immedialty in another language, the background of his or her motherlanguage may be is still there.

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História Da Filosofia - Olavo De Carvalho

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