O nominalismo e a declaração universal dos direitos humanos: genealogia da generalização de valores dos direitos humanos

Abstract

It deals with the generalization of values in the modern culture of human rights and, through a genealogical methodology in the light of Hans Joas, aims to establish an approximation of the scientific study of the Universal Declaration of Human Rights with nominalism, in particular, to the conceptions of Subjective right and conscience in Guillaume de Ockham. Because of the paradigmatic framework for modernity, the genealogical task begins with the exposition of the epistemological scenario of the Declaration of the Rights of Man and of the Citizen and, through a hermeneutical reading, conceives common philosophical presuppositions between the idealism of Enlightenment [or Enlightenment] And Nominalism. Then, regarding the critique and condition of universal values, recourse to the contribution of Guillermo de Ockham's thought to legal dogmatics. Finally, it presents an epistemological alternative to the repercussions of the debate between Nominalism and Realism in what refers to the attempt to conciliate the argumentative generalization with the configuration of universal values in the actuality of the scientific study of Human Rights.