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- Title
UMA ABORDAGEM SOCIOLÓGICA DO PLURALISMO JURÍDICO: A "TEORIA DA POLISSISTEMIA SIMULTÂNEA" DE ANDRÉ-JEAN ARNAUD.
- Authors
Villas Bôas Filho, Orlando
- Abstract
The purpose of this article is to highlight the importance of the "theory of simultaneous polysystems", formulated by André-Jean Arnaud, for the description of the phenomenon of legal pluralism. This subject gains particular relevance, if one considers the expressive reception of this author in the Brazilian socio-juridical discussion and the centrality assumed by the issue of legal pluralism in his work. Thus, through a critical analysis of his proposal for systemic modeling of legal regulation, especially with regard to the distinction between "law" (understood as imposed) and "legal systems" (not forcefully imposed, but at least conceived and often lived), the epistemological basis of the author's treatment of legal pluralism is examined. As a result, Arnaud's "theory of simultaneous polysystems", insofar as it challenges the supposed monopoly of the State as the sole source of normativity, generates an enlargement and a fragmentation of the horizon of juridicity. Thus, it is intended to fill a gap in the reception of André-Jean Arnaud's thinking in the field of socio-legal studies in Brazil.
- Subjects
BRAZIL; LEGAL pluralism; JUSTICE administration; CENTRALITY; MONOPOLIES
- Publication
Quaestio Iuris (QI), 2019, Vol 12, Issue 2, p522
- ISSN
1807-8389
- Publication type
Article
- DOI
10.12957/rqi.2019.38703