A unidade política como fundamento ético do direito e do Estado em Hegel e Schmitt

Abstract

It is an investigation about the basis of law and State, both understood as cultural realities, in the political unity of the people, constituted through a political consciousness of the human which gives him the essential determination to identify himself with other consciousnesses and, so, enter in a community. Therefore, it is utilized the thought of Schmitt, who takes on this reality in his concept of the political, in which the element that determines the political is the friend/enemy conflict, and the thought of Hegel, who brings the concept of recognition in the Phenomenology, and patriotism into the system. Hence, both will set in the community, constituted as mentioned, the ethical-cultural foundation of the State and the law.