A justiça segundo Maritain: um enfoque filosófico

• Autor(a) principal: Machado, José Roberto Lino
• Data de Publicação: 2017
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/19813
• topic: Lei positiva; Lei natural; Gnoseologia; Ontologia; Positive law; Natural law; Ontology; Gnoseology; CNPQ::CIENCIAS HUMANAS::FILOSOFIA

Above all, Maritain is a philosopher, although his philosophy recognizes the primacy of theology. Anyway, theology may just affront philosophy only when the later, surpassing its methodological limits, states as true what is a mistake. It is incumbent to philosophy, a science of the fundamental truths, susceptible of human acknowledgment, by reason exercise, to reflect about the origin and the destiny of being, about the collective institutions of which men participate, the rights and duties resulting from it. The same themes are versed in both sciences (theology and philosophy), but each one uses its own methodology and has its own formal object). Are these institutions natural or artificial? Is there a natural right? Is there a natural law? Maritain proposes two modes of approaching the natural law: the ontological (or ontic one) and the gnoseological (theory of knowledge). Being natural law a species of divine law, and being divine law an eternal law, natural law is an eternal law, although being acknowledged progressively or even regressively. The acknowledgment of natural law is not acquired by logical deduction, but conversely, by inclination, by inclination, by sympathetic, by heart. The positive law (law of men) must not, under punishment, disobey the natural law (law of God); however, the positive law, according to natural law, must be accomplished in conscience