The problem of reasonableness and the judicial matter / O problema da razoabilidade e a questÃo judicial

AUTOR(ES)
DATA DE PUBLICAÇÃO

2004

RESUMO

In direction to theorectical practical field of normohistoric anthropologic synthesis, rationalism/empirism lay face to face. Also form and substance of different research propositions from experience grounds and so comparative legal studies shows true accidental occurence (âJustice by chanceâ) measured in face of its operatorâs personality and other basis, and the judges compound judicial matter and not before the institutional structure where they perform their roles by an essential public function. Accidentality points to an environment of social and political deal. Paper has also the responsibility of proposing the visualisation of its sociojuridical and politicoinstitutional implications to diagram the internal basic defficiencies of the local judicial system by means of its administration. Moral health leads to an acceptable judicious activism, that is: reasonable, ethical pattern of the Judiciary everywhere, such as the judicial outside review and other issues prohibiting corporative privileges. To prove an intuitive hipothesys: todayâs peripherical Judiciary is a conservative power and needs to recycle to well serve the democratic ideology, notwithstendig its ponderous Positive Law and also to deal with reasoning on decision-making. Will might be reached by means the âDomarreglerâ (Finland). âRight and wrongâ never change, but its application from decision-makers which brings unsettling conclusions about the Judges. Reasonbleness attemps to giving them proper guidelines in Law Suit. Thesis demonstrates: legal proceedings are problematic; Justice Administration is by chance, confined in philophical fields and mankind activism

ASSUNTO(S)

razoabilidade racional direito direito rational reasonable law

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