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- Title
Direito entre dominação de classe e racionalidade em Franz Neumann.
- Authors
Monteiro Dalton, Andréa; Mansur, João Paulo
- Abstract
The Third Reich provoked traumatic reflexes in the Franz Neumann's legal and political philosophy. Under the influence of the Marxist historical-dialectical materialism, the philosopher understood the law as the official recognition of the social and economic relationships that had arisen with the capitalism. However, at the same time, the Nazi dictatorial regime and the transformations through which the legal technique was passing, both made possible by the monopoly capitalism, made him extol the liberal law of the period of the competitive capitalism, which possessed what the philosopher called "the minimum of rationality". This work starts from this tension in Neumann's legal philosophy, which criticizes law as class domination, but also sees in it a positive dimension due to its possibility of "rationality". The article indicates the virtues of Neumann for elaborating his legal philosophy in a materialistic research method and ends, critically, based on Marx and Lenin, pointing out his contradictions and insufficiencies.
- Subjects
JURISPRUDENCE; MONOPOLY capitalism; POLITICAL philosophy; PHILOSOPHERS; MARX, Karl, 1818-1883; LENIN, Vladimir Ilich, 1870-1924; LEGAL recognition; MARXIST analysis; MARXIST philosophy
- Publication
Quaestio Iuris (QI), 2019, Vol 12, Issue 2, p401
- ISSN
1807-8389
- Publication type
Article
- DOI
10.12957/rqi.2019.38521