A Contínua Necessidade do Juiz em Transpor Obstáculos Epistemológicos e Superar Paradigmas na Construção do Conhecimento Científico do Direito
Science goes through constant refutations. Generally, these refutations eventually cause science to evolve. It happens that there is no evolution without overcoming what Bachelard called “epistemological obstacles”. When the Judiciary modifies its jurisprudence there is a breakdown of paradigms. The...
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Main Authors: | , , |
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Format: | Article |
Language: | Portuguese |
Published: |
2019
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Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7020186 |
Source: | Seqüência: estudos jurídicos e políticos, ISSN 2177-7055, Vol. 40, Nº. 81, 2019, pags. 105-130 |
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Summary: |
Science goes through constant refutations. Generally, these refutations eventually cause science to evolve. It happens that there is no evolution without overcoming what Bachelard called “epistemological obstacles”. When the Judiciary modifies its jurisprudence there is a breakdown of paradigms. Therefore, Law evolves. The following article is about the need to constantly overcome the predicted epistemological obstacles, correlating with the change in the jurisprudence. Therefore, Thomas Kuhn’s work was also studied. The methodology used is bibliographical and analytical. |
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