Rule of Law, authority, and the common good

• Grant number: 23/05572-4
• Support Opportunities: Scholarships in Brazil - Post-Doctoral
• Start date: September 01, 2023
• End date: August 31, 2025
• Field of knowledge: Applied Social Sciences - Law - Theory of Law
• Principal Investigator: José Reinaldo de Lima Lopes
• Grantee: Gilberto Morbach Junior
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

This research proposal seeks to articulate and defend a conception of the rule of law in the light of classical and contemporary debates gravitating around the concepts of authority and common good - while discussing and analysing these concepts themselves. With a 'hermeneutical' methodology - engaging with the authors and the theories discussed and investigated in the research -, and a multidisciplinary approach - involving, besides traditional themes in jurisprudence and legal philosophy, a dialogue with political philosophy, political science, and moral philosophy -, this research plans to establish and defend not only a conception of the rule of law, but also to investigate the very meaning of law as a practice in a community underlying this conception, by way of (1) responding philosophically to contemporary challenges to the rule of law as an ideal of political morality, (2) contributing and participating in present debates in jurisprudence, including new natural law theories and the so-called 'common good constitutionalism', and, fundamentally, (3) establishing a connection between these two perspectives, indicating therefore a fundamental practical relevance in adequate conceptions of both the concept and the rule of law in responding to contemporary challenges to law's empire. The workplan involves a commitment to academic production during the project, with an effective dissemination of the research results - with papers published in both national and international academic journals, and the participation in events, workshops, and seminars -, and a full engagement with teaching activities, courses, seminars, the very academic life and governance of the Law School of the University of São Paulo. (AU)