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| Author(s): |
Ricardo Juozepavicius Gonçalves
Total Authors: 1
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| Document type: | Doctoral Thesis |
| Press: | São Paulo. |
| Institution: | Universidade de São Paulo (USP). Faculdade de Direito (FD/SBD) |
| Defense date: | 2023-03-27 |
| Examining board members: |
Samuel Rodrigues Barbosa;
Nathalie de Almeida Bressiani;
Carlos Eduardo Batalha da Silva e Costa;
Luís Fernando Massonetto;
José Rodrigo Rodriguez;
Felipe Goncalves Silva
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| Advisor: | Samuel Rodrigues Barbosa |
| Abstract | |
The lack of theoretical elements focused on human interactions has caused legal theory to look more towards the sky of institutional abstractions than the ground of social reality. This is due to the influence of monist paradigms and state centrality in the understanding of the law, even in legal pluralism theories. This work proposes an articulation between the field of legal theory and the theory of intersubjectivity centered on Axel Honneths concept of recognition, which has explanatory elements about the origins and development of intersubjective relations and social practices based on moral and normative notions, as well as an image of law as an institutional embodiment of legal recognition, indicating attributes that are prior to its legal-institutional forms. This articulation involves the adoption of another theoretical perspective to overcome the boundaries of legal theory and better understand the relationship between law and society. Multinormativity has been discussed between history and legal theory as a proposal focusing on normative orders, interested in their social dimensions and dynamics with state law. The aim is to propose elements to analyze the processes of the social construction of (multi)normativity through social practices and intersubjective relations, bringing the concept of recognition closer to legal theory. To do that, we follow four steps that can be understood separately, but when connected stimulate each other: we present a study on the paradigms of monism and state centrality in legal theory, counterposing the idea of juridical to that of normative orders, indicating reasons why interactionist elements have been absent from legal theory (1). After that, we structure the characteristics of the multinormative perspective between the legal theory and history of law (2). Then, we elaborate on an interpretation of the meaning of the concept of recognition relative to the social sphere of law in Axel Honneth (3). And finally, we articulate the concept of recognition with Robert Covers legal theory project based on his concept of nomos (4). (AU) | |
| FAPESP's process: | 18/00924-1 - The Law in Axel Honneth: elements of a critical theory of law centered on the category of recognition |
| Grantee: | Ricardo Juozepavicius Gonçalves |
| Support Opportunities: | Scholarships in Brazil - Doctorate |