Fundamento

NOTES ON THE THOUGHT OF JUAN GARCÍA SALAZAR

Manuel Ángel González Berruga — 2025-01-08

This article represents an initial approach to the work of Juan García Salazar, a historian, ethnographer, pedagogue or, as he called himself, a worker of the process, a social, cultural, pedagogical and political process whose aim was to search for and bring to light the ideas, images, culture and past and present life stories of the Afro-descendants of the province of Esmeraldas, in Ecuador, especially those communities in rural areas. The analysis, or rather, the reading that we have carried out, we have called critical materialist hermeneutics, which seeks the relationship of the concepts and ideas that the text brings out among themselves, the relationship with the ideas of other authors, and the relationship of these ideas with the historical context in which they are developed. It is concluded that the ideas shown by Juan García Salazar point the way to build a theoretical and practical project of a socialist nature that emerges from the thought, history, culture, and society of the people of Esmeraldas.

POSITIVISM AND JUSNATURALISM IN THE CONTEXT OF THE 20TH CENTURY

Newton de Oliveira Lima Lima — 2025-01-08

The complex relationship between jusnaturalism and positivism in the 20th century was seen from the perspective of the legal system in positivist interpretation as a problem of a normative nature, when in fact, and this is the main purpose of this article, it went much further, to the moral and evaluative problem and its reflection on the legitimacy of the legal system, mainly in the phase of evaluating the legal acts practiced under the aegis of the Nazi regime during World War II, both Lon Fuller and Gustav Radbruch showed the insufficiency of technical positivism and its impossibility of sustaining the minimum justice and morality inherent in law in any situation of normative application. On the other hand, Dworkin broadened the debate on legitimacy versus pure validity, criticizing Hart's position and his social morality as a criterion of legal legitimacy, advocating a moral-political reading of the Constitution as a legitimizing synthesis through the approximation of values and principles in the hermeneutic development of the Law.

RHETORICAL THOMAS

Carlos Frederico Gurgel Calvet da Silveira — 2025-01-08

An approach to Rhetoric by Thomas Aquinas is not only desirable in the context of science and contemporary philosophies of dialogue and agreement, but also because the rediscovery of the argumentative value of Thomas's scientific demonstrations can free his thought from the discomfort of being a 13th-century science that does not hold up in our times. In other words, the fruitfulness of Thomas's thought can be rediscovered today if we admit that many of his apodictic arguments can be reread from the perspective of rhetorical argumentation, according to the Aristotelian classification, taken up by Chaim Perelman. This type of argumentation normally applies to practical philosophy, but we could extend it to theoretical thought, especially to metaphysics and theology. The aim of this essay is precisely to show the rhetorical possibilities of Thomas's text and on what this perspective is based.

LOGIC DOCENS AND UTENS

Pedro Barbosa Araújo — 2025-01-08

The aim of this article is to determine the important question of the usefulness and purity (of teaching) of the science of logic in the classical tradition, when this science is divided into its two fundamental parts, namely, logica docens and logica utens. These terms can be translated as pure logic and applied logic. This article will deal with the subtle distinctions made by Thomas Aquinas when he points out that the science of logic has three characteristics that distinguish its formal parts: the use of logic, the science of logic and the doctrine of logic. In this sense of the term “logic”, we want to point to certain properties of its parts, namely: the demonstrative, the dialectical, also known as the tentative, and the sophistic. St. Thomas points out that, in its own sense, demonstrative logic, in the very teaching of logic, is just a doctrine; whereas dialectic and sophistry are, in addition to being a doctrine, a science and they are used. As will be seen in this article, the reason for this distinction is based on the fact that it is the formal reason for logic in general to deal only with ideal things, and not real ones, like the rest of the speculative sciences. Thus, taking the term science in the broadest sense, rather in the sense of pedagogical activity than for the formal reason of science itself, dialectics and sophistry are recognized as sciences, even if the latter is neglected in favour of the former.

THE IRREDUCIBLE EQUIVOCITY OF THE TEXT

Claudia Maria Ferreira de Souza — 2025-01-08

The issue of interpretation inspires the study and motivates the search for understanding the topic, based on the writings of the contemporary philosopher Paul Ricoeur, who dialogues with Dworkin's interpretative theory from a hermeneutic perspective based on the text and its intertextual connections, to demonstrate how narrative literary text theory can contribute valuable insights to the interpretation of laws and judicial decisions, and thus avoid discretion.