Normatividad entre esteticidad y tecnicidad según Simondon: hacia una Estética del Derecho como Mecanología de las normas jurídicas

AUTOR(ES)
FONTE

ARS (São Paulo)

DATA DE PUBLICAÇÃO

02/05/2019

RESUMO

ABSTRAT Here we propose an approach to the phenomenon of normativity which we call Aesthetics of Law. We base ourselves on the proposal of a Mechanology made by Gilbert Simondon to tackle the phenomenon of technicality. This approach, according to Simondon, sheds light on the phenomenon of aestheticism. In this sense, we emphasize the contributions of such an approach of technicality (and aestheticism) to normativity. The text is structured on these concepts, and is articulated with the notion of Gilles Deleuze’s diagram or that of the membrane of interiority generated from the cross between the former and the notion of Gilbert Simondon’s membrane. We understand that Simondon operates for Philosophy the recovery of metaphysics, technique and aesthetics, which can leads to a recovery of the Law or of the legal object can take place. But not on the basis of a Philosophy of Law that would be analogous to a Philosophy of Technique, without metaphysical force, that is separated from what it studies and that approaches it as a given object. Here comes into play the mechanological and techno-aesthetic proposal of Simondon that we redirect towards a Law Aesthetics of ius-aesthetic and techno-normative character.

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