A interdependência entre direito e moralidade

uma análise da teoria híbrida de Denis Coitinho

Abstract

The article analyzes the thesis of the interdependence between law and morality formulated by Denis Coitinho in Chapter 7 of Contract & Virtues III. Drawing on a hybrid normative theory that combines elements of virtue ethics and contemporary contractualism, Coitinho proposes a distinction between public morality and private morality, arguing that the relationship between law and morality is multidirectional rather than unidirectional. This formulation is critically examined along two main lines. First, the validity of the so-called subordination thesis is questioned, according to which the normative authority of morality is internal, whereas that of law is external. It is argued that this distinction faces conceptual difficulties, particularly in light of contributions from authors such as Finnis, Raz, and Hart. Second, the article seeks to refine the interdependence thesis by suggesting that legal normativity cannot be reduced to coercion and that moral normativity is sensitive to context and substantive disagreement. The analysis highlights that legal reasons can generate moral reasons and that the normative force of a reason depends on its context of application, making it impossible to establish a fixed hierarchy between the domains. It is concluded that Coitinho’s proposal represents a significant advance in the understanding of the relationship between law and morality, offering a more nuanced alternative sensitive to the complexity of normative practices in pluralistic societies.