Between Ethics and Technics: the Person and the Legal Rationality
DOI:
https://doi.org/10.5433/2178-8189.2014v18n2p9Keywords:
Person, Value, Justice, Reason.Abstract
In modernity, the technical reason overcame the ethical reason, and, with the intention to universalize knowledge and make it scientific, changed the unifying center of thought of the metaphysical plane to the logical-instrumental plane. In the field of legal reason, this change threatened the foundations of Law and their understanding and application. This paper investigates whether the Law can dispense ethical reason or if, on the contrary, both rationalities can coexist around the same human purpose. To this end, we developed a theory of the person, in the belief that the question can only be adequately resolved through the constitutive and sufficient dimension of Law.