Racionalidade da ciência do direito: uma análise da obra de Chaim Perelman e Theodor Viehweg

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

This dissertation analyzes the work of Theodor Viehweg and Chaïm Perelman to verify how each deals with juridical knowledge and, specifically, the rationality of the science of law. The epistemological preliminaries of Perelmans theory of reasoning are delineated in Chapter I. Overcoming the insufficiency of formal logic and the notion of Cartesian reasoning is identified as the essential epistemological basis. It establishes a challenge to the idea of evidence, as a characteristic of reasoning. It seeks a departure from Cartesianism and makes possible the establishment of new philosophical standards for the investigation of informal reasoning. The hypothesis proposed in this dissertation is that the analysis, together with the thought of Perelman and Viehweg make possible the comprehension of the principal aspects of juridical knowledge and its response to its rationality. Chapters II, III, IV, and VI discuss Perelman and the fact that the change of the paradigm of research is essential, with the New Rhetoric, its logic being more appropriate for non-scientific knowledge. As developed in Chapters II and III of the second part, Viehweg highlights the distinction between dogmatism and zetetics along with their consequences as well as the idea that the role of the philosophy of law is to investigate the bases, to analyze structure and exposition. Chapter IV of the second part demonstrates how Viehweg investigated the structure of Jurisprudence, thereby justifying his connection to the topic. It makes evident that the topic structures Jurisprudence as it orients itself to the problem. In the first part of the dissertation, Chapters II and V analyze Perelman, whose return to practical philosophy approximates, in an indelible way, that of rhetoric; it represents the idea of justice as attainable through argumentative rationality and points to a change of paradigms. A connection of the dogmatic and zetetic focus of juridical knowledge with a topical and rhetorical conception for the formation of a theory of argument is necessary. This task is enormous because Viehweg did not develop a theory to accomplish this. Even though there are differences between the method proposed by Perelman and Viehwegs style of thinking, there are advantages to making the analysis of juridical knowledge and its rationality compatible utilizing the proposals of each to understand the level of scientificity of the science of law. Both affirm that the model of modern science is not, in and of itself, adequate to respond to the particularities of law, let alone respond to its rationality

ASSUNTO(S)

direito - filosofia retórica perelman, chaim, 1912-1984 - crítica e interpretação viehweg, theodor, 1907-1988 - crítica e interpretação racionalidade tópica filosofia do direito lógica

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