Probabilism and justice in the theological work of Hermann Busenbaum

• Grant number: 15/02924-0
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: June 01, 2015
• End date: May 31, 2016
• Field of knowledge: Humanities - History
• Principal Investigator: Rafael Ruiz Gonzalez
• Grantee: Heitor Castanha Carrera
• Host Institution: Escola de Filosofia, Letras e Ciências Humanas (EFLCH). Universidade Federal de São Paulo (UNIFESP). Campus Guarulhos. Guarulhos , SP, Brazil

Abstract

This project has the objective to propose a reading and analysis of the book "Medvla de la Teologia Moral", written by Jesuit priest Hermann Busembaum (1600-1668). I seek, through her, attain conclusions about the law in the seventeenth and eighteenth centuries, with a focus to Spain, in your European territory and, also, in your American territories; the cut was done about a previous juridical culture to codifications, named of "common law". The analysis is inserted in the nucleus of Iberian studies UNIFESP, more specifically in research about "Probabilismo Jurídico e Justiça nas Américas", financed by FAPESP since 2007, having as adviser teacher Rafael Ruiz. The research has as one of its objectives, questioning the role of the judge in the existing jurisdiction at the moment and the importance of the forum of his conscience to the praxe juridical; a conscience formed by the works of jurists and theologians. In addition, the research focuses on probabilistic school of thought, which had as one of its defenders the author that I plan to study.