Autore
Neves Pinto, Gerson

Titolo
Os direitos humanos e o direito natural
Periodico
L'altro diritto
Anno: 2024 - Volume: 8 - Pagina iniziale: 188 - Pagina finale: 197

This article aims to specify how the individual rights contained in modern constitutions were elaborated from a great philosophical revolution that revolved around this question: what is the essence of man? Perhaps the most decisive work in this context is the work of John Locke in the second half of the 17th century. This is what Locke says briefly in his Essay Concerning Human Understanding: we cannot know what man is. Locke will claim that we are not able to know what the substance of man is, nor what his nature would be. The only things that are knowable on men are relationships, and among these the only relationship that is perfectly clear is that of consent. This is, therefore, the great philosophical revolution that involved both constitutional formation in Europe and in the USA. Thus, this essay intends to analyze some aspects of the emergence and limitations of this modern constitutional theory.



SICI: 1827-0565(2024)8<188:ODHEOD>2.0.ZU;2-L
Testo completo: https://www.pacinieditore.it/wp-content/uploads/2025/04/12.pdf

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