Direito, técnica e distopia: uma leitura crítica

Autor: Andityas Soares de Moura Costa Matos
Rok vydání: 2013
Předmět:
Zdroj: Revista Direito GV, Vol 9, Iss 1, Pp 345-366
Revista Direito GV v.9 n.1 2013
Revista Direito GV
Fundação Getulio Vargas (FGV)
instacron:FGV
ISSN: 1808-2432
DOI: 10.1590/s1808-24322013000100013
Popis: Referring back to a warning from the stoic philosopher Seneca to his follower Lucilius (Ep. XCV, 53), this paper contains considerations on both the phenomenon of a de-humanizing process that has defaced the legal systems and points out the respective causes and likely consequences any intensification of such a process may have on said legal systems. The so-called technicization of the science of law, for instance, is reviewed and contrasted with the legal formalism advocated by the juspositivism. Moreover, among other multiple de-humanizing factors affecting the legal system, the unidimensionalization of post-industrial societies has also been deemed worth mentioning in this paper, where, finally, law is described as a dystopia and some possible alternative actions are suggested for reconstructing a contemporary jusphilosophic discourse on justice as a means to efface today's particularly authoritarian and merciless social life patterns.
Databáze: OpenAIRE