The tópos of the dignity of the human person: contribution to the legal argumentation studies in the International Court of Justice (ICJ)

• Grant number: 12/09530-0
• Support Opportunities: Scholarships in Brazil - Doctorate (Direct)
• Start date: August 01, 2012
• End date: July 31, 2017
• Field of knowledge: Applied Social Sciences - Law - Theory of Law
• Principal Investigator: Samuel Rodrigues Barbosa
• Grantee: Fabiana Oliveira Pinho
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil
• Associated scholarship(s): 14/01710-4 - The topos of human dignity: a contribution to the legal argumentation studies in the International Court of Justice and in the European Court of Human Rights, BE.EP.DD

Abstract

This research project, entitled "The ´tópos´ of the dignity of the human person: contribution to the legal argumentation studies in the International Court of Justice (ICJ)", conveys a double purpose. First of all, it is intended to clarify the substance of the "juridical topica", according to the guidelines initially provided by T. VIEHWEG in his renowned and influential work called "Topik und Jurisprudenz" (1953). At the same time, this research aims to determine the later contours, which this doctrine assumed based on the continuous efforts promoted by the confessed and unconfessed disciples of that German theorist. After identifying the consequences of the "topica doctrine" as a theory able to understand the law in its entirety or, at least, partially, such as in the field of the legal argumentation, we intend to study a specific argumentative ´tópos´, which is ´the dignity of the human person´, in the International Court of Justice (ICJ). (AU)