Entrevista homenaje al Dr. Carlos Fernández Sessarego - Bloque II - 30 08 17
Introduction to Legal Norms and Philosophy
The Nature of Legal Norms
- Dr. Carlos Fernández discusses the concept of legal norms as rules of thought, emphasizing that legal thinking must respect human life, which is central to the application of any legal norm.
- He contrasts different schools of thought regarding the object of study in law: natural law focusing on justice and realism emphasizing human behavior, expressing confusion over how these can coexist in a single science.
The Complexity of Legal Study
- Dr. Fernández reflects on his struggle to understand how one discipline could simultaneously study multiple distinct subjects (e.g., comparing it to studying different fruits).
- He emphasizes the need for clarity on which object should be prioritized in legal studies, leading him to explore various philosophical analogies.
Philosophical Analogies in Law
- He uses metaphors such as a car engine and a pisco sour cocktail to illustrate how individual components (life, norms, values) integrate into a cohesive understanding of law.
- Dr. Fernández prioritizes human life as foundational for law, arguing that without life there are no values or norms; thus, life is paramount in his legal philosophy.
Methodological Differences in Legal Theory
Influences on Legal Thought
- He notes differences between his existentialist approach influenced by thinkers like Sartre and Heidegger versus the neo-positivist influences seen in other methodologies post-WWII.
Impactful Literature
- A significant influence on Dr. Fernández's thinking was Carlos Cossio’s work from 1944, which he regards as pivotal due to its existential philosophical basis.
Connections with Other Thinkers
- He mentions contemporary Argentine philosophers who share similar views and highlights the importance of historical-philosophical training among jurists for broader perspectives beyond strict dogma.
Personal Experiences and Academic Growth
Influential Encounters
- Dr. Fernández recounts meeting influential figures at international congresses that shaped his academic journey and reinforced his philosophical stance within legal theory.
Lasting Friendships
Understanding the Concept of Personhood
The Nature of Legal Personhood
- The subject lives within a legal system and must respect the law; if they violate it, they cease to be recognized as a person. However, they retain the right to regain their status as a person.
- Sanctions imposed on individuals are not aimed at social reintegration but rather at restoring their human condition, reflecting a non-existentialist perspective.
Philosophical Underpinnings of Personhood
- The speaker emphasizes an absolute identity between 'human being' and 'person,' suggesting that historical contexts have shaped our understanding of these terms.
- The term "person" is derived from theatrical concepts (like masks), indicating that while everyone may refer to themselves as persons, only humans possess true freedom.
Freedom and Rationality
- Unlike other entities in the universe, humans are unique in their capacity for freedom—defined as the ability to make choices or even abstain from making them.
- Human existence is acknowledged from conception until death; conceived beings have legal representatives and rights.
Rights and Duties Interconnection
- There is no distinction between rights and duties; every right entails corresponding duties. This integrated view emerged prominently in the 20th century.
Ontological Considerations
- A philosophical discussion introduces ontological categories, suggesting that human beings exist within an objective world where they are both subjects and objects.
- Humans are characterized as social animals with rational capabilities, which distinguishes them from other species. This essence connects them deeply with others.
Legal Implications of Philosophical Ideas