Direito, filosofia e epistemologia: a interdisciplinaridade do direito em platão e Aristóteles

Abstract

This present work consists in an investigation about the concept of science and the implications in Aristotle and Plato’s legal doctrine. This scan is necessary because the classic view of law will influence not only Greece, but also the Roman Empire, birthplace of a good part of western law. Therefore, this research has an objective to find out if epistemology and the speculative knowledge - which is characteristic of the philosophy - influenced the legal notions in the ancient world. So, this paper tried to accomplish an investigation if the concept of science for Plato and Aristotle are related to the philosophy of law in both thinkers. The methodology adopted was essentially qualitative, deductive and bibliographic. The analysis of books was adopted and classes from authorities in the area (available on YouTube) as well. The comparative method was used to relate the application of law in the classical period with the role of philosophy and science in the process of apprehension of justice and, consequently, of law. After the investigation, it was noticed that for Plato and Aristotle the Law was not just reduced to a technique, to a mere application of the norm. Law, above all, was associated with the pursuit of justice in the first degree, with the help of Philosophy (as a speculative method).