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 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.