SOCIABILITY AND CREATIVITY AS FOUDATIONS FOR LEGAL CONSTRUCTION: HOBBES, ROUSSEAU, FREUD AND WINNICOTT AT THE SAME BANQUET / SOCIABILIDADE E CRIATIVIDADE COMO FUNDAMENTOS PARA A ELABORAÇÃO JURÍDICA: UM BANQUETE ENTRE HOBBES, ROUSSEAU, FREUD E WINNICOTT

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

The present study is an attempt to contribute, through bibliographical research, to the debate on the possible interpretations of the juridical phenomena. It intends to achieve its goal based on a critical view of the very conceptions that constitute the modern paradigm. As the state legal frame took shape in modern society, juridical thinking limited itself to the identitarian logic signification and the instrumental reason behind it. Apart from this metaphysics of law, the defense of what we may call law as craftsmanship demands the acknowledgement that man and his social life are historical product of men themselves, as are the tensions that emerge during this process. Therefore creativity and sociability are notions that intertwine to form the background of the present investigation. Thus this research is expected to contribute to the reintroduction of sensibility as an aspect that also participate in the construction of operative reality. Originated within a specific empiric field, psychoanalytic knowledge is part of the support needed to ground any given conception of human binding. The voices of Hobbes, Rousseau, Freud and Winnicott in constant dialogue allowed us to perceive not only how the process of socialization and the process of civilization are entangled, but also to argue that conditions to reinvent an emancipating legal culture might be created as collective and individual subjectivities emerge.

ASSUNTO(S)

espontaneousity creativity sociability freedom liberdade criatividade sociabilidade espontaneidade

ACESSO AO ARTIGO

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