UM DEBATE METODOLÓGICO SOBRE A ACEITAÇÃO DAS PRÁTICAS DOS DIREITOS HUMANOS EM FINNIS A PARTIR DA CRÍTICA DE BEITZ ÀS TEORIAS DA LEI NATURAL
DOI:
https://doi.org/10.21527/2317-5389.2020.15.236-254Keywords:
John Finnis, methodology, natural law, central case, practicesAbstract
This paper aims to present how John Finnis' methodology of natural law provides support for explaining the incorporation of human rights as practices without undermining the critical function that a theory of natural law must play in the face of institutions. The first part of the paper exposes the methodology and assumptions of natural law relevant to the theme, namely, the central case method, acceptance of the normativity of practices and rights, although deviant, contemporary descriptive and evaluative tendency to incorporate practices, and the distinction between derivation by conclusion and determinatio. In the second part, Charles Beitz's critiques of naturalistic theories are presented in order to present the topics relevant to the problem in question. Finally, we apply the methodological considerations made in the first part, in order to explain how a theory of natural law can explain the incorporation of human rights practices, especially regarding the use of analogy and central case.
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