The law: from juridical form to hegemony

• Grant number: 13/22467-8
• Support Opportunities: Scholarships in Brazil - Master
• Start date: March 01, 2014
• End date: December 31, 2014
• Field of knowledge: Applied Social Sciences - Law - Theory of Law
• Principal Investigator: Marcus Orione Gonçalves Correia
• Grantee: Jonnas Esmeraldo Marques de Vasconcelos
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

Legal theories usually point out the idea of "human dignity" as the ground for Human Rights. However, this usual narrative doesn't explain why only in a certain moment of history, more exactly in the period of consolidation of capitalist products and market relations, the idea of human dignity appears as the foundation of society. In other words, what is the link between Human Rights and capitalism? Is it a historical coincidence or a necessary link?Because of these questions, this research aims to analyse the contributions of two marxist authors for the studies of Legal Science: Eugeny Pasukanis and Antonio Gramsci. It seeks to delimitate the point of contact, of deviation and of complementation between these two authors, who thought, in their different ways, about Law and capitalism. The possible dialogue that arises from their reflections, having Law as a link, i.e. approximating the concepts of "juridical form" and "hegemony", will enable the construction of a fertile conceptual field to analyse Law, which could illuminate questions regarding the limits, the development possibilities and the meanings of Human Rights in the capitalist society. (AU)

Academic Publications

(References retrieved automatically from State of São Paulo Research Institutions)

VASCONCELOS, Jonnas Esmeraldo Marques de. Law: from juridical form to hegemony. 2014. Master's Dissertation - Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) São Paulo.