Capítulo 34 - Filosofia do Direito - Miguel Reale - O Moralismo Jurídico e a Natureza da Norma.

Book Link: https://amzn.to/4ojQTtO The text explores the current of legal moralism, arguing that the validity of a norm does not stem solely from its logical structure, but from its intrinsic connection to ethical principles. Miguel Reale organizes moralist thought into different strands, beginning with the classical Thomistic view of Viktor Cathrein, who sees Positive Law as a necessary unfolding of Natural Law and divine will. Next, the author analyzes the technical moralism of Georges Ripert, who identifies morality as the "sap" that nourishes civil rules, and the neo-Hegelian idealism of Gentile and Binder, which merges Law and Morality into a single process of realization of the human spirit. Finally, the work seeks to overcome purely abstract views by discussing the need for a jurisprudence that harmonizes universal ethical values ​​with historical and social reality, reaffirming that Law is only legitimate when it promotes concrete justice.