Traços fenomenológicos no pensamento jurídico de Luís Cabral de Moncada

Abstract

In this paper, I stress the importance of Luís Cabral de Moncada for the resettlement of the Philosophy of Law in the Portuguese university. I focus my attention on the overthrown of Positivism, and, as a consequence, on the reintroduction of axiological and ethical issues in the foundations of positive law. In doing so, I consider the relevance that Phenomenology had for Moncada's theory of law, namely the theory of eidetic insight, and, particularly, the phenomenology of values. Moncada's appropriation of some phenomenological themes and concepts was developed in a close contact with Husserl, Scheler, and Nicolai Hartrnann.