Metafilosofia do direito: a criação do novo pela operação hermenêutico-conjetural do jusfilosofar crítico

• Ano de defesa: 2022
• Autor(a) principal: Igor Moraes Santos
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal de Minas Gerais; Brasil; DIREITO - FACULDADE DE DIREITO; Programa de Pós-Graduação em Direito; UFMG
• Palavras-chave em Português: Filosofia do direito; Crítica; Conjetura; Inovação; Tradição; Direito - Filosofia; Hermenêutica (Direito); Crítica - Filosofia
• Link de acesso: http://hdl.handle.net/1843/54861; https://orcid.org/0000-0002-6857-7178

This work aims to understand the process of creation of the new by the philosophy of law. Starting from a preambular analysis of the general lines of formation of the philosophical and legal philosophical classics, it appears that philosophy of law, as well as all philosophy, is constituted as a tradition. Therefore, the incongruous behavior of self-declared critical contemporary legal thinking in defending rupture as a path to innovation is identified as a problem. Part I is dedicated to highlighting the way in which intellectual currents of significant diffusion today, such as those inspired by Marxism and postmodernism, albeit in different ways, by identifying criticism with rupture and assuming postures of rejection of the classics and the history of philosophy, end up limiting their critical enterprise to a negative, anti-ideological and denunciatory dimension, lacking a positive, propositional and projectual dimension. Faced with these inconsistencies, Part II focuses on trying to find a philosophizing about law that, critically, is capable of creating the new, that is, of facing the aporias of the present offering projects of euporias oriented to human conduct, in order to fulfil its nature of practical philosophy. Based on a metaphilosophical approach, that is, developing a philosophical investigation that has philosophy itself as its object, in this case, the philosophy of law, and supported by instruments from sapiential fields such as history of philosophy, philosophy of history and philosophical hermeneutics, it is proposed to delineate the philosophizing about law as an epistemological process that operates by carrying out retrospective and prospective conjectures, exercises of rationally oriented imagination performed within hermeneutically authorized limits, through which the structuring classics of the legal philosophical tradition are interpreted and appropriated for the formulation of new normative-institutional projects. These euporetic suggestions to legal and social aporias are innovations conceived within the fabric of traditionality and materialized by the philosopher of law in textual works, which are rhetorically and aesthetically configured with the intention of being understood by their eventual recipients, of perhaps reverberating in human action and, thus, perpetuating in time, in the hope of one day also becoming a classic of the tradition.