É apropriado falar-se em uma "Dogmática Jurídica"? (original) (raw)

Cadernos Da Escola De Direito E Relacoes Internacionais, 2009

Abstract

It is common among legal thinkers the use of the word legal dogmatic to describe scientific study of law. However, contemporary science has defined the scientific knowledge by exclusion, as the antonym of dogmatic. Furthermore, the hermeneutics today consider to be mistaken the idea that the interpreter is limited to describe norms, which are the meaning of legal texts, and because of this are indeed (re)constructed by the interpreter from his pre-understanding, the particularities the case and the values inserted in the legal system. For these reasons, the expression legal dogmatics, which confuses more than clarifies, is to be abandoned.

hugo segundo hasn't uploaded this paper.

Let hugo know you want this paper to be uploaded.

Ask for this paper to be uploaded.