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O DIREITO E A ÉTICA EM BENTHAM E KANT: UMA COMPARAÇÃO

The aim of this work is to formulate a comparison between Bentham’s and Kant’s conceptions of ethics and law. The position taken in this paper is that, for Bentham and Kant, law is grounded in the same principles which are the basis of ethics. For Kant it is the categorical imperative which is the basis of ethics, while the principle of utility is the basis of Bentham’s theory of law and ethics. Although both authors have established only one principle on which to ground ethics and law, there are several differences between the two fields and between the theories of the two philosophers. Among these differences, we mention the epistemological origin of principles and their prescriptions.

Bentham; Duty; Law; Ethics; Kant


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