The marriage as a interpretive concept and its recognition as a moral right of homosexuals

• Grant number: 12/10005-7
• Support Opportunities: Scholarships in Brazil - Master
• Start date: July 01, 2012
• End date: December 31, 2013
• Field of knowledge: Applied Social Sciences - Law - Theory of Law
• Principal Investigator: Ronaldo Porto Macedo Junior
• Grantee: Pablo Antonio Lago
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

The project aims to answer affirmatively the following question: is there a moral right to gay marriage? For that, it seeks to make an analysis of the theme from the Moral and Political Philosophy, which demonstrates the need to conceptualize marriage before checking whether it constitutes a moral right or not. To do so, it aims to analyze critically the conceptions of marriage made by Ronald Dworkin and John Finnis, after proposing one that is capable of treating marriage as a interpretive concept. Only then we can check if the marriage can be a moral right of homosexuals, which is made primarily from the critique developed by Dworkin to the position of Patrick Devlin, and by the dworkinian conception of equality and human dignity. At the end, it was concluded that the state's duty to treat individuals with equal respect and consideration implies the recognition of marriage as a moral right of homosexuals, and that the consideration of the question from the standpoint of public morality implies the discussion of its limits, as well in the wider debate about the rights of minorities in general.

Academic Publications

(References retrieved automatically from State of São Paulo Research Institutions)

LAGO, Pablo Antonio. Marriage as interpretive. 2013. Master's Dissertation - Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) São Paulo.