On justifying the moral problem in law

The proposal of a commendable morals as Tugendhat conceives it presupposes a type of relative justification; it is to show that a moral conception is preferable that another to be less exposed to against arguments. This takes it to consider the problem from a comparative point of view. In that dialo...

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Detalles Bibliográficos
Autor Principal: Mendoza Beltrán, David
Formato: Artículo (Article)
Lenguaje:Español (Spanish)
Publicado: Universidad Militar Nueva Granada 2006
Materias:
Acceso en línea:http://hdl.handle.net/10654/33744
Descripción
Sumario:The proposal of a commendable morals as Tugendhat conceives it presupposes a type of relative justification; it is to show that a moral conception is preferable that another to be less exposed to against arguments. This takes it to consider the problem from a comparative point of view. In that dialogue that maintains with different moral conceptions one of their recurrent speakers, with the one who always this disputing, it is with the rational foundation of the morals. In this work he/she is devoted a part to the program of rational foundation of the morals that he/she finds in Kant their máximum expression in the modern philosophy and in Habermas their contemporary version. It is sought to show the limitations, the budgets and the inability to give answers to contemporary moral problems, of a justification type that leans on with a capital in a reason nonexistent in their practical version (Kant) or talkative (Habermas).The matter of the justification like Tugendhat outlines it it allows to differentiate two planes. The first one corresponds to the justification of the norms that you/they are considered moral in a certain conception. In this plane a moral norm is justified when we can show that it corresponds him a predicate that expresses the quality considered essential for the morality. This quality that expresses the good thing in moral sense, can be understood in different ways": what is useful for the community"," what pleases to God"," good in equal measure for all", etc. Anyone is the predicate that we accept as that that constitutes the good thing in moral sense, he/she opens step to the question for the motivation of the moral action. Why should we act morally? To say it with Kant why the moral law forces? It is to clarify what we understand for" duty" in the absolute sense that expresses the word when we use it in moral. For Tugendhat you cannot reach an explanation of this meaning without uniting to the philosophical work - analytic-conceptual the collaboration of the empiric investigator of the socialization. The development of it is it will be to show how the reflection of Tugendhat on the moral motivation takes it inevitably to tematizar the paper that you/they occupy the moral feelings - shame, accuses, indignation and resentment - in the formation of the moral conscience. Bound to this matter the problem of the identity appears, as long as he/she allows to respond to the question of if one wants and why part of a practice intersubjetiva to make. Moral feelings and identity are the result of a construction intersubjetiva; it is thanks to the socialization process that we leave recognizing us and what we want to be on the base of moral feelings. This allows affirming that there are processes of moral learning starting from the experience.The last part this dedicated one to the second plane of the justification. In the first plane it was the approach by means of which we justify our moral convictions; now it is the question for the justification of the approach voucher. The idea of Tugendhat is that the justification of a moral point of view in general cannot reach a last justification, but it is possible a relative justification that us apart from the pure decisionismo. The proposal of a commendable moral conception has been a topic of permanent car correction for part Tugendhat, especially it has been its posture in front of the contractualismo the one that has always left it unsatisfied. This work seeks to give bill of how, in the intellectual development of Tugendhat, the conception of a moral of the reciprocal respect has come suffering variations as for its justification. This way, in their Three ethics lessons (1981) their posture is so near to the contractualismo that, the same as this, has difficulties to give bill of the" it makes aware moral" and of the" I respect moral", fundamental elements of a moral attestation. To avoid the contractualismo, in the Retractions (1983) it appeals to a" essential property" and in ethics Lessons (1993) to a" conception of the good" that contribute him that bonus that requires to give exact bill of the morals. Not satisfied with this solution, Tugendhat attempts in its Dialogue in Leticia (1997) and in Problems (2001) a new justification that he/she could call himself symmetrical contractualismo that up to now, if it has not published a new text this year, it is its last version.