Critical Appreciation of the value’s notion in Miguel Reale’s Three Dimensional Theory of Law
DOI:
https://doi.org/10.12957/publicum.2016.22557Keywords:
Phenomenology, Axiology, Ontognosiology, Three-Dimensional Theory of Law, Axiological Invariants.Abstract
The present essay appreciates critically the notion of the present value in the thought of Miguel Reale wich has been extracted of your Three-Dimensional Theory of Law (1994). Seeks to analyze, based on theoretical and methodological contributions of the studies of phenomenology hermeneutic developped by Martin Heidegger in your work Being and Time (Sein und Zeit) from 1929, Reale's proposal of synthesis between personalism and historicism, in order to realize if there is theorical consistence in the synthesis that the paulista mester intends between the doctrines husserlian and kantian, from which strengthen what is called “axiological invariants”. Therefore, a priori it shows his notion of value as synthesis, which enables the comprehension of the entity by the correlation ontognoseologic between subject-object, that is formed as culture by the objectification of the conciousness' intentionality on the historical processes. Thereby, he intends to suggest that by doing this movement, Reale does not overcomes both, kantian ah husserlian, traditions like he affirms, besides, he also does not mantains strictly loyal to these philosophical traditions.Downloads
Published
How to Cite
Issue
Section
License
The author(s) of the paper declare(s) to know and agree to the following rules:
1) The author(s) undertook the work presented to the journal, being entirely responsible for the ideas and concepts therein transmitted, which do not necessarily correspond to the point of view of Publicum’s Editors.
2) The ethical principles alluded to in the evaluation policy of the journal [RDN1] were met in the conduction of the work presented to submission.
3) The author(s) assume(s) authorship and responsibility for their work, declaring that it does not infringe any third party intellectual property rights.
4) The author(s) take(s) full responsibility for moral or patrimonial damages that the distribution of the work may generate to third parties.
5) The author(s) grant(s) the journal the rights to reproduce, edit and first publish the paper in any media – in particular in digital form – in an electronic archive on the Internet.
6) The author(s) confer(s) the right to the editors to modify the text submitted, without prejudice of its contents, when necessary to standardize the presentation of the works and to meet the norms of the journals’ own edition.
7) The author(s) agree(s) to the final form of the paper approved by the journal.
8) The author(s) authorize(s) the disclosure of the paper in the channels of communication of the Faculty of Law of UERJ.
9) The author(s) agree(s) with the reproduction of short extracts from the paper in other UERJ publications.
10) The author(s) recognize(s) that, through the abovementioned assignment and authorizations, he/she/they will not receive payment under any modality, meaning these will have the nature of scientific collaboration.
11) The author(s) is(are) aware that publication of the work may be refused if it is not considered appropriate, for any reason, whatsoever, and such refusal does not create responsibility and/or burdens of any kind to the journal or UERJ.
[RDN1]Ver COPE.
Publicum está licenciado com uma Licença Creative Commons Atribuição-NãoComercial 4.0 Internacional.