Legalidad y derecho natural institucional

• Main Author: Barzotto, Luis Fernando
• Publication Date: 2014
• Format: Article
• Language: spa
• Source: Repositório Institucional da UFRGS
• Download full: http://hdl.handle.net/10183/196361
• topic: Filosofia do direito; Legalidade; Direito natural; Natural Law; Principles of legality; Philosophy of Law

In his book The morality of law , Lon Fuller intended to indicate eight principles of legality that guide the activity of the law. The legality is presented as an example of a procedural or institutional conception of natural law. The purpo - se of “institutional iusnaturalism” of Fuller is not the universal ethical content of the right, but its formal-procedural existence (institutional natural law) mode. This article has four parts. First, the project of institutional iusnaturalism; second, the eight principles of the legality of Fuller indicating its presence also in the works of Thomas Aquinas, Hobbes and Von Hayek; third, some concepts of Wittgenstein and John Searle that illuminate the methodological aspect of the institutional iusnatu- ralism and four, will be noted that the draft institutional iusnaturalism is already present in the thomistic reflection on the ius gentium. In conclusion, will be used to contributions from Jeremy Waldron to establish the institutional locus of natural law within the natural law tradition.