Intersubjetividade, Direito e Educa??o: Sobre a leitura hegeliana do “Direito Natural” de Fichte

摘要

This paper intends to revisit Hegel′s interpretation of Fichte′s Foundation of natural Law , not by focusing on its critical aspects, but rather on the possibility of positive assimilation by Hegel. The first part attempts to comprehend the transition from the intersubjective genesis of self-consciousness ( Aufforderung ) to the deduction of the juridical recognition (§§3-4) as the interface of education ( Erziehung ) and law ( Recht ). The second part intends to reveal the historical framework that allows to consider a conflict between forms of intesubjetctive relations by the young Hegel. The third part aims to delineate the connection between the ethical life, as Einssein of individual and universal, law and education. According to the view presented in the final part, the positive assimilation may be visualized in the concept of natural ethical life as a connection of excludent and participative forms of intersubjetivity, what indicates a mediation of “love” and “right” through formation ( Bildung ).