We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
O APAGAMENTO DA DINÂMICA DE FORMAÇÃO DO DIREITO NOS MARCOS DA TEORIA TRADICIONAL: UM OLHAR CRÍTICO.
- Authors
Pinto, Thiago Ferrare
- Abstract
The modern theory of law arises with the objective of rationalizing the day-to-day operation of the legal phenomenon. In general, the positivist challenge regarding the potential contingency of the content of law puts the traditional theory in the obligation to formulate universal parameters that support the scientificity of the legal knowledge: a theory of the sources of the law and a theory of the legal interpretation are two of the main subjects to the modern legal science. It is intended here to explain the conception of law presupposed by what we will call the traditional theory of law. By traditional theory we refer to the way of rationalizing the legal phenomenon that isolates it from social dynamics through requirements of systematicity, unity and coherence. Also, the dominant lineage of contemporary theory is based on the traditional understanding of law, which implies a certain perception of the relationship established between the State and civil society in the production of social normativity. We will argue that under the sign of traditional theory, law is emptied as a space for the struggle for freedom.
- Publication
Quaestio Iuris (QI), 2018, Vol 11, Issue 1, p349
- ISSN
1807-8389
- Publication type
Article
- DOI
10.12957/rqi.2018.29497