Senso comun e interpretação jurídica
AUTOR(ES)
Marília Muricy Machado Pinto
DATA DE PUBLICAÇÃO
2006
RESUMO
The aim of this thesis is to discuss the consequences for legal theory of the differentiation, advocated by modern thinking, of scientific knowledge from everyday life-world knowledge. This analysis aims to integrate the discussion about the concept of law that results from the modern scientific standard and its relationship to common sense knowledge, with the study of hermeneutical issues, in particular the consequences of the thesis of normative indeterminacy, for the theory of legal decision-making. It is also the aim of this paper to consider the difficult problem of legal truth in accordance with Habermas theory of existence and his thoughts about consensual truth. The author supports a re-approximation between to be and the must be, observable in the structures of world-life, founded upon cognitive ethics, which, according to the author, is indispensable to the foundations of a hermeneutic theory of law
ASSUNTO(S)
verdade consensual. intersubjetividade consensual truth legal hermeneutic filosofia do direito common sense argumentation legitimidade hermeneutica (direito) hermenêutica jurídica intersubjectivity argumentação senso comum
