O debate hart-dworkin e o dileman de coleman: o que a literatura tem a dizer sobre a relação direito e moral?

Abstract

Questions relating to the relationship between law and morality have inspired various theoretical debates, which have greatly influenced the dominant paradigms in law theory. Among these dialogues, special attention is given to the debate between Hart and Dworkin, because it demonstrates the concept of legal positivism of Hart and consequently, the opposition made by Dworkin, particularly with regard to discretionarity. It is therefore necessary to face this issue based on the literary narrative of Philip Roth’s, “The Human Stain”, in order to investigate the possible contributions that literature can offer, based on this plot to revisit the debate between Hart and Dworkin, especially with regard to the relationship between law and morality and discretionarity. Keywords: Law and morality; moral justification; The Human Stain.