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Projeto de investigação
JUSNATURALISMOS VERSUS JUSPOSITIVISMOS: LEVANDO A OPOSIÇÃO A SÉRIO
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Spinoza on Justice
Publication . Santos Campos, André; Instituto de Filosofia da NOVA (IFILNOVA); Philosophy Documentation Center
Spinoza studies have paid little attention to the concept of justice for centuries. However, he refers to it quite often in different contexts, especially in his mature texts. More specifically, he defines it as synonymous with suum cuique tribuere, even though he fails to provide a reasonable account of how this traditional legal expression fits into his philosophical system. This article shows that there is a relevant philosophical dimension in Spinoza’s treatment of the suum cuique that emerges out of his notion of equality. The main section identifies the connection between Spinoza’s references on justice as suum cuique and the different conceptions of equality that are inherent in his system (an ontological, a metaphysical, a productive (ethical), a legal, and a political equality). The conclusion tries to answer the question of whether such an understanding of the suum cuique as equality constitutes a theory of justice or not.
An Inquiry into a Normative Concept of Legal Validity
Publication . Santos Campos, André; Instituto de Filosofia da NOVA (IFILNOVA); Blackwell Publishing Ltd
This essay argues that legal efficacy understood as existent binding force and as dominance of a system of coercion vis-_a-vis competing systems is not strictly a matter of fact, but involves what can be termed justified normativity in a factual context. The argument is divided into four sections. The first three sections describe different dimensions of a normative concept of legal efficacy applied to legal systems: efficacy as persuasiveness, as indirect communication, and as constitutive obedience. The final section focuses on the efficacy of individual norms and adds a new criterion – membership – which establishes a multi-layered test of efficacy.
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Fundação para a Ciência e a Tecnologia
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SFRH/BPD/65009/2009