The legal phenomenology of Miguel Reale, a cultural theorist

Abstract

Miguel Reale was a Brazilian jurist and a professor at USP's Law School. His specialty is to philosophically reflect on the bases of Law, and he is responsible for the discipline of Philosophy of Law. The philosopher vigorously combats naturalistic Law based on the "scientific" precepts that prevailed until 1940. Assimilating Kantian readings and the developments that these would assume in the interpretations of knowledge, Law, the norms would be founded from the duty to be, typical of the science of the spirit, and not according to the precepts of the natural sciences, disregarding the plane of culture. Taking the importance of Values, from Hartman and Scheler, rehabilitated by the last Husserl, added to the criticism from sociologists, historians, scientists and interpreters of Law, Reale will analyze the emergence of Law based on the importance of values, implying with norms and facts, configuring a conception of Law from the world of culture.