| dc.description.abstract | The main objective of this dissertation is to understand the classification of juridical laws in the
ambit of moral laws, proposed by Kant, in order to investigate what this classification represents
to think the relation between moral and law. With the intention to reach this aim, the master
work presents, first, a contextualization of morality and right, and their respective laws, with
the purpose of demonstrating why this classification is intriguing. After, the concept of moral
laws and juridical laws is presented, from the bibliographic review of the Kantian works, mainly
of The Metaphysics of Morals with the perspective of understanding the definition of these laws
and the role attributed to them. This stage is importante, as far as allows to comprehend how
juridical laws can be a subclass of moral laws, and the relation of these laws with the freedom.
Posteriorly, the dissertation focuses on analyzing the role and the emergence of juridical law in
the scope of right, in order to understand how it can have a function related to legality and
morality concomitantly. From this exposition it is possible to include the role of juridical law
in relation to freedom. After this stage, the máster work presents the study of some principles
that grounds the duties of law, approaching its relation with the juridical law, as well as, exposes
the constituent elements of the rule of law, with the purpose of proving how the right and the
juridical law are related to freedom and, as this tends to a moral perspective. From this process
it is possible to conclude that the term moral laws is also called the laws of freedom, since it
refers to the laws in which freedom is possible. Thus, it can be understood that juridical law has
peculiar characteristics that aim to allow freedom, and this factor permit to contain it as a
subclass of moral laws, even though it is also a law that requires legality, not morality. The
research also allows to conclude that juridical law and law are related to a problem that is
political, but also, moral, because, they treat of question of human will, and therefore, the
classification of the juridical laws within the scope of the moral laws can be justified. Besides
these results, it is also possible to understand that not only the juridical law, but also the right,
have a role with respect to freedom. These premises allowed to conceive that the classification
of the juridical laws in the scope of the moral laws, represents that this law and the right must
allow the realization of the freedom. And the purpose of this claim is that the rule of law is a
space in which the moral dispositions of individuals can be developed. | |
