As críticas filosóficas da justiça e sua relação com o direito contemporâneo

Abstract

This article examines how critical and philosophical theories provide analytical tools to challenge the foundations of contemporary law. Focusing on justice, language, and epistemology, the study analyzes how these approaches can foster a more equitable legal practice. Initially, it discusses the theories of justice by Rawls and Sen, which offer perspectives on equity and freedom. Then, the relationship between ethics, morality, and law is explored through the ideas of Habermas and Honneth. The analysis of language and hermeneutics highlights the importance of interpretation in legal practice, based on Gadamer. Finally, the epistemological critique draws on Foucault, revealing how legal knowledge is shaped by power structures. Critical legal theories and intersectionality are presented as essential tools for social justice. It concludes that these approaches provide valuable insights to transform legal practices and promote a more just society.

Keywords: Justice, Hermeneutics, Epistemology