Friendship and law, the umbilical ends of justice:

Theoretical implications between friendship and law and commented translation of Boncompagno de Signa’s de amicitia

Authors

DOI:

https://doi.org/10.23925/ddem.v.1.n.10.66314

Keywords:

Medieval law, Contractual theory, Legal positivism, Phenomenology of Law, Boncompagno de Signa, Friendship and trust

Abstract

Contemporary law was strongly influenced by contract theory, with a focus on positivism, so that the norm, in a broad sense, was compared to a sinalagma in which the obligation prevails. The contractual phenomenological turning point caused an expansion of social hedonism, an opposite perspective to the principal thinking in medieval period, when trust and ethical values were prioritized, nuanced in friendship, and presented before the formation of the norm.

Author Biography

Tiago Tondinelli, Pontifícia Universidade Católica do Rio Grande do Sul - PUC-RS - Porto Alegre

Graduated in Law from the State University of Londrina (2002); Specialization in Modern and Contemporary Philosophy - ethical and political aspects from the State University of Londrina (2003); Master's degree in Literature from the State University of Londrina (2004); PhD in Philosophy from the Pontifical Catholic University of Rio Grande do Sul (2007); Post-doctorate in Law from Centro Universitário Eurípedes de Marília (2019). She is pursuing a post-doctorate in Law at UNIMAR. Professor of Philosophy of Law and Administrative Law and lawyer in the area of tenders and contracts. He was chief of staff to the Minister of Education (2019), legal advisor to public bodies and organizations and advisor to the CNE (2020-2024).

References

TONDINELLI, Tiago. “Amizade E Direito”, As extremidades umbilicais da Justiça: Implicações Teoréticas entre Amizade e Direito e Tradução comentada do De Amicitia de Boncompagno de Signa. 1ª Edição. Curitiba, PR, Instituto Memória, 2019.

Published

2024-04-30