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- Title
PUNITIVISMO & PARTICULARISMO NO OCASO PÓSMODERNO.
- Authors
Ferreira da Cunha, Paulo
- Abstract
This article draws the attention to the need to maintain Law's universalist vocation, through commands that were classically considered being general and abstract. This universalism stresses that, without prejudice to Equity, the law is the same for everyone. Against this overview, which could be considered classical, Christian, humanist, Enlightened, old liberal (the opposite of neoliberal), democratic and social (i.e. with the same origin as the Constitutional State), new forms of legal isolationism, particularisms, certain communitarianism, defense of special groups, on the one hand, and, on the other hand, attempts to impose, even by the force of criminalization, of certain (and usually even minority) visions of the world, of life, of customs. If once society gained by abolishing the moralistic burden of law, as well as welcoming the process of its secularization, again it's time to promote a critical analysis of the proposals for life change by law, which can be totalitarian.
- Subjects
FORMS (Law); CRITICAL analysis; COMMUNITARIANISM; SECULARIZATION; ISOLATIONISM
- Publication
Revista Opinião Jurídica, 2020, Vol 18, Issue 27, p154
- ISSN
1806-0420
- Publication type
Article
- DOI
10.12662/2447-6641oj.v18i27.p154-169.2020