A Coerência do Sistema Jurídico em Luhmann: uma proposta ao fechamento operacional e à abertura cognitiva da decisão judicial
In this work we propose to examine the goals of the judicial decision in the current Rule of Law Constitutional State using Niklas Luhmann�s systemic theory, wich highlights law as social subsystem, and therefore it must follow that the cognitive mechanisms for opening and closing operations of syst...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | Portuguese |
| Published: |
Universidade Federal de Santa Catarina (UFSC)
2011
|
| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=3708571 |
| Source: | Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 32, Nº. 62, 2011, pags. 323-359 |
| Tags: |
Add Tag
No Tags: Be the first to tag this record
|
| Summary: |
In this work we propose to examine
the goals of the judicial decision in the current
Rule of Law Constitutional State using Niklas
Luhmann�s systemic theory, wich highlights law
as social subsystem, and therefore it must follow
that the cognitive mechanisms for opening
and closing operations of systematic structures,
under penalty of the corruption of its elements,
of deficiencies in its reproduction and inability
to self-evolve and differentiate. Possible methods
to carry out the law in judicial decisions are
produced, currently, by garantism and neo-constitutionalism
legal theories, which are examined
here in order to verify probable matches of their
claims with the movement of reproduction and
evolution of the autonomous system theorized
by Luhmann and to make it feasible to design
a court ruling that substantiates effectively in a
communicative operation particular of the legal
system, suitable for its intended purpose: (re)affirmation,
achievement and expertise of the legal
system. |
|---|