O egoísmo e sua relação com a necessidade do estado dentro da doutrina do direito de Arthur Schopenhauer

Abstract

This article is for the purpose to present Arthur Schopenhauer's almost unknown doctrine of law, starting from initial concepts that have no direct relation with the scope of law, until reaching legal themes such as the concepts of justice and injustice and the necessity of the State and positive laws. This journey will be walked using an anthropological base research, in which Schopenhauer realized that selfishness, which ends up generating injustice in the attitudes of individuals, justified the need for the formation of a State to contain the barbaric situation that existed before this. The issue to be answered is what is the relationship between Schopenhauerian anthropological pessimism and the need for the State and for laws to overcome the State of Nature. The methodology adopted was explicative in nature and the research was carried out using qualitative and deductive methods, always using bibliographical research, using books and articles to start the presentation of Arthur Schopenhauer's doctrine from its most basic concepts, to his influence in the scope of the philosophy of law.