O fenômeno jurídico como possibilidade do próprio no público / The legal phenomenon as a possibility of the proper in the public

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

26/05/2009

RESUMO

The present work addresses its efforts on the inquisition of the possibility of authenticity in the legal phenomenon as perceived in the public. The method, conceived as a path, follows Martin Heideggers fundamental analytics, and Hans-Georg Gadamer´s comprehensive hermeneutics perceived phenomenologically. The legal phenomenon constitutes the Being that ex-ists, Dasein. Therefore, this study seeks to discuss the legal phenomenon, its Beingones-self condition, the everyday Being-with and its constitutive worldhood in the light of Heideggers philosophy of Being. Dasein is ontological, recognizes this existence and is questioned about it. Dasein can show itself as it is, in its authenticity and constitution, but it can also cloak its appearance in various modes. The They, the preponderant Dasein mode in its everydayness, promotes dispersion of the Dasein in its being-in-the world, making it detached and, keeps its authenticity obscured by publicity. Thus, it is essential to investigate Heideggers analytical thoughts in context. Once Heideggers basic thoughts have been studied and his fundamental analytics have been analized, the way of being of the law, maintained, repeated and dictated by publicity, begins to be questioned and the understanding Dasein´s legal phenomenon of the public world provides possibilities for an authentic project in its social concern.

ASSUNTO(S)

fenomenologia filosofia do direito fundamental analysis hermenêutica (direito) philosophy of being (philosophy of law) proper-authentic public-publicity the they

ACESSO AO ARTIGO

Documentos Relacionados