O senso (in)comum das “obviedades” desveladas: um tributo a Luis Alberto Warat
The reflections presented in this paper seek to discuss the contributions made by Luis Alberto Warat to the theory of law. Undoubtedly, he was the one who best approached the relation of jurists with legal dogmatics, the law and their daily practices. In this sense, the article analyzes Warat’s conc...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2012
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5007561 |
| Source: | Revista de Estudos Constitucionais, Hermenêutica e Teoria do Direito (RECHTD), ISSN 2175-2168, Vol. 4, Nº. 2, 2012 (Ejemplar dedicado a: Julho/Dezembro), pags. 185-192 |
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| Summary: |
The reflections presented in this paper seek to discuss the contributions made by Luis Alberto Warat to the theory of law. Undoubtedly, he was the one who best approached the relation of jurists with legal dogmatics, the law and their daily practices. In this sense, the article analyzes Warat’s concept of the jurist’s theoretical common sense, which is the way in which the legal dogmatics instrumentalizes law by giving up the pleasure of thinking. Thanks to Warat, it has become easier to perceive within the critical theory that one of the aspects that instrumentalize the paradigm crisis of legal dogmatics is based on the circumstance that in law the boundaries between common sense and science are not precise.Key words: theoretical common sense, legal dogmatics, Luis Alberto Warat. |
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