Detalhes bibliográficos
| Ano de defesa: |
2020 |
| Autor(a) principal: |
Beijato Junior, Roberto |
| Orientador(a): |
Gonzaga, Alvaro Luiz Travassos de Azevedo |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
Brasil
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/23746
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Resumo: |
The following thesis aimed to develop in two different but interconnected axis, an approach on the will that had the most influence along the historical development of the west philosophical tradition and also to the "philosopher" standards that have been built over it. From that point on our study has initially focused on the role performed by the socratic-platonic patterns. In this process, we've pointed towards nihilism as the strongest mark over the west philosophical tradition. From that moment forwards there is a gradual rooting and deepening of a declining will, reactive to this world, which will mark the history of philosophy and which also allows it to be read as a continuous process. Having such a goal in mind we've approached the main characters over the will inside socratism and platonism, as well as the elements of nihilism itself, aiming to evince the historical process that has gradually forged the western subjectivity, weakening and impoverishing it's physiologyand instincts. Our intent is to freely devalue every value and world visions, that result of the nihilistic historical process, which because they are established in such a degree of naturalization, a high and deep deconstruction is demanded so that their genesis can be reached. We will then try to demonstrate that this genesis is found in a passive, declining will, which develops itself as a reaction to the agonistic character of this world where it's subdued. In order to succeed in this reaction this declined will overrates the role of reason (logos) as a manifestation of it's on declining will. It is from this will that the standards that guide the development of the Western philosophical tradition are coined. Consequently, the epistemic conceptions of modernity will be a product of this process and will reverberate, in the same way, the ascetic parameters that are at their origin and that have been naturalized throughout history. We present, in the sense developed by Thomas Kuhn, the still prevailing paradigm of science of law, which can be predominantly identified with the model of Kelsenian normativism. The crisis of this paradigm stems mainly from the developments provided by the General Systems Theory and from the theoretical efforts well performed by Bertalanffy. Then, a reconciliation between apodictic and topical discourse in the science of law is proposed in order to overcome the mentioned crisis. Finally, we present the nature of scientific models and the constructivist aspect that engenders them, in order to identify the real influencing factors in achieving a model, which in the end will be responsible for mediating the relationship between a system and reality |
