Full text
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| Author(s): |
Pablo Antonio Lago
Total Authors: 1
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| Document type: | Master's Dissertation |
| Press: | São Paulo. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) |
| Defense date: | 2013-12-12 |
| Examining board members: |
Ronaldo Porto Macedo Júnior;
Dimitri Dimoulis;
Rafael Mafei Rabelo Queiroz
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| Advisor: | Ronaldo Porto Macedo Júnior |
| Abstract | |
This dissertation aims to answer affirmatively the following question: is there a moral right to gay marriage? To do that, it analyzes the theme from the perspective of the Philosophy and Political Morals, which demonstrates the need to conceptualize marriage before checking whether it constitutes a moral right or not. It starts with the conceptions of marriage made by John Finnis and Ronald Dworkin, analyzing them critically, and after proposing the treatment of marriage as an interpretive concept. Only then it is possible to verify if marriage represents a moral right of homosexuals, which is made primarily from the critiques developed by Herbert Hart and Dworkin to the position of Patrick Devlin, and the dworkinian conception of equality and human dignity. It concludes 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 analysis of the issue from the standpoint of public morality involves the discussion of its limits in the wider debate about the rights of minorities in general as well. (AU) | |
| FAPESP's process: | 12/10005-7 - The marriage as a interpretive concept and its recognition as a moral right of homosexuals |
| Grantee: | Pablo Antonio Lago |
| Support Opportunities: | Scholarships in Brazil - Master |