Transubjetividade : repensando as instituições éticas na eticidade da Filosofia do direito de Hegel

Abstract

This thesis aims to present the concept of transubjectivity as a hypothesis for the problem concerning the definition of ethical institutions in Hegel's Philosophy of Right. The institutions of ethics and their conceptual definition, which is the hypothesis, represent the apex of the development of Hegel's mature political philosophy. Hegel's mature political philosophy was reached from the systemic turn from 1806 onwards and represents the departure from the guiding conceptions of antiquity for understanding the social and political reality of modernity. In this step, from the systemic turn, Hegel also farewell to intersubjective interpretations and indicate to the idea of transubjectivity for understanding ethics under modern conditions (chapter 01). The German author starts to conceive the social and political reality that the human will is immersed under the concept of spirit, and that reality is understood as the development of the rationality of the idea of freedom. The rationality of ethical institutions of the spirit can be understood under the concept of transubjectivity since they are no longer expressed as a recognition of normative expectations of behavior and action, but as rational requirements for the effective exercise of free will. In the meantime, the Hegelian methodology for explanations about ethics is presented, namely, the criticaldescriptive method; and, the contemporary discussion about the possibilities of interpretations of the philosophy of objective spirit is presented (chapter 02). Fundamental to institutions is the understanding of the concept of free will in and for itself. Hegel argues that modernity is built on two of its determinations, arbitrary and morally formal will: while the former is understood in the contractual conceptions of natural law, the latter is understood in the formality of practical reason of transcendental philosophy. The free will in and for itself, the only one adequate to the idea of freedom, stipulates institutional conditions for its realization and the articulation between subjective demands and objective obligations (chapter 03). Abstract law understood in contractualist or jusnaturalist theses is of paramount importance to understand institutions since it provides the idea of legal personality as entitlement to rights, the right to have rights, without which it is not possible to approach any institutional theory (chapter 04). The conditions for the realization of free will are precisely the existence of areas in which the will acts, performing significant parts and its identity, such as affective identity in the family, selfishness and honor in civil society and political freedom in the State, this is understanding of modern ethics. Thus, it is necessary to understand the concept, task and theoretical assumptions of Hegelian institutionalism (chapter 05). Throughout the thesis, interpretations of Hegelian philosophy are expressed in the light of contemporary themes, such as the possibility of a nonlogicalmetaphysical reading of the Philosophy of Law, the slavery of African people and the relationship with modern philosophy, the possible correction of certain conceptions policies of Hegel and Rousseau from an exchange of ideas between the authors and finally the progressive and conservative powers expressed in the Hegelian institutional theory.