Liberdade, direito e reconhecimento na Filosofia do Direito de Hegel

The purpose of this paper is to identify and explain the role of recognition in the implementation and actualization of the idea of liberty in Hegel’s Philosophy of Law. This amounts to showing that the realization of individual free will necessarily encompasses the recognition of others and of soci...

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Bibliographic Details
Main Author: Weber, Thadeu
Format: Article
Language:Portuguese
Published: 2015
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=5327214
Source:Revista de Estudos Constitucionais, Hermenêutica e Teoria do Direito (RECHTD), ISSN 2175-2168, Vol. 7, Nº. 3, 2015 (Ejemplar dedicado a: Setembro/Dezembro), pags. 297-307
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Summary: The purpose of this paper is to identify and explain the role of recognition in the implementation and actualization of the idea of liberty in Hegel’s Philosophy of Law. This amounts to showing that the realization of individual free will necessarily encompasses the recognition of others and of social institutions. Thus, right, liberty and recognition pass through different levels of actualization. The challenge is to demonstrate that in these instances of mediation the individual wills are not weakened or eliminated, but, because they are mediated and recognized, are guaranteed and strengthened. Thus, the suspicion of “anti-democratic consequences” that is associated with the conception of the Hegelian State is diminished.Keywords: liberty, recognition, fundamental rights, ethical life.