<abstract xmlns="http://www.w3.org/1999/xhtml"><p>In this paper, I stress the importance of Luís Cabral de Moncada for the resettlement of the Philosophy of Law in the Portuguese university. I focus my attention on the overthrown of Positivism, and, as a consequence, on the reintroducing of axiological and ethical issues in the foundations of positive law. In so doing, I consider the relevance Phenomenology had for Moncada’ s theory of law, namely the theory of eidetic insight, and, particularly, the phenomenology of values. Moncada’s appropriation of some phenomenological themes and concepts was developed in a close contact with Husserl, Scheler, and Nicolai Hartrnann.</p></abstract>

In this paper, I stress the importance of Luís Cabral de Moncada for the resettlement of the Philosophy of Law in the Portuguese university. I focus my attention on the overthrown of Positivism, and, as a consequence, on the reintroducing of axiological and ethical issues in the foundations of positive law. In so doing, I consider the relevance Phenomenology had for Moncada’ s theory of law, namely the theory of eidetic insight, and, particularly, the phenomenology of values. Moncada’s appropriation of some phenomenological themes and concepts was developed in a close contact with Husserl, Scheler, and Nicolai Hartrnann.

Traços fenomenológicos no pensamento jurídico de Luís Cabral de Moncada

Centro de Filosofa da UL Universidade Lusófona

Phainomenon

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Traços fenomenológicos no pensamento jurídico de Luís Cabral de Moncada"}

In this paper, I stress the importance of Luís Cabral de Moncada for the resettlement of the Philosophy of Law in the Portuguese university. I focus my...

Traços fenomenológicos no pensamento jurídico de Luís Cabral de Moncada

Published Online: Oct 19, 2021

Page range: 119 - 135

DOI: https://doi.org/10.2478/phainomenon-2011-0005

© 2011 Ana Paula Loureiro de Sousa, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.