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| Author(s): |
Paulo Vitor Gomes Almeida
Total Authors: 1
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| Document type: | Master's Dissertation |
| Press: | Ribeirão Preto. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Filosofia, Ciências e Letras de Ribeirão Preto (PCARP/BC) |
| Defense date: | 2011-08-25 |
| Examining board members: |
Marina Massimi;
Sergio Cesar da Fonseca;
Ana Maria Jaco Vilela
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| Advisor: | Marina Massimi |
| Abstract | |
The links between Legal knowledge and Psychology are ancient, albeit it\'s structuration in scientific molds only having begun in the nineteenth century, in the junction of psychological knowledge and criminal Law doctrines. From this knot, interdisciplinary connections have developed in many branches, leaving a fertile research field. The current work intends to stretch out to the relations existent between psychological knowledge raised in material produced in Faculdade de Direito de São Paulo in the critical period of scientific psychology\'s birth in Brazil and it\'s relation with the concepts of natural Law of the period. The choice for natural law has to do with it being more prone to psychological analysis, being the interest of this study the philosohical and psychological basis of Law, not specific legislation. The time period in question matches the one of the First Republic of Brazil. In this moment there are significant alterations in the educational context, where several measures promote transition from classical teaching to a pragmatic-scientific matrix; and in the contexto of psychological knowledge, having in sight that phylosophical psychology is in a moment of transition from french sensualism, empirism and spiritualist eccleticism to a positivist tradition. In the legal context, 1891\'s Constitution is presented to the people after a brief period of military government, making it a period of political and legal instability. Three theses were found as objects of the research. Two of them from José de Alcântara de Machado D\'Oliveira, being those \"A embriaguez e a responsabilidade civil\" e \"Ensaio Médico-Legal sobre o hypnotismo\" and the other from Candido Motta, named\"Classificação dos criminosos\". The methods utilized in the analysis were Historiography of Scientific Psychology and concetual analysis of the documents through the method of Cultural History. Data shows that there is appropriation of the main concepts of the time\'s positivism philosophy, including spencerian/lombrosian eugenics in the case of Candido Motta, whose theses aims to be a consulting manual on criminal classification. Jose D\'Oliveira sheds new light on a recurring issue of the time period and na important issue still today - drunkness and civil resposibilty - and on hypnotism, with na equally positivist approach. The concepts of Natural Law are presented in a moment of transition between a majorly thomistic view, in wich Natural Law is in connection with the divine, to a anthropological-scientifical view, where Natural Law is derived from humans themselves, liviing in groups. It is possible to discuss, based on the data collected and analysed, that there is consonance between the notions of Natural Law and Psychological Knowledge used by the authors. The transition to positivistic models is predominant, aiming to incorporate natural science\'s discoveries. The models based on humanistic, religious and phylosophical conceptions, according to Comte, would be in a \'metaphysical\' stage of humanity, thus being necessary the adoption of theories that were congruent with Comte\'s third and last stage, the \'scientific\' one. Predominantly metaphysical views started to be structured as organicist in this moment, before a properly psychological framework in a further moment. Financial Support: FAPESP (AU) | |