A retórica como base de um conhecimento comum para as artes e direitos humanos

• Ano de defesa: 2021
• Autor(a) principal: Dantas, Álvaro Jáder Lima
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal da Paraíba; Brasil; Ciências Jurídicas; Programa de Pós-Graduação em Ciências Jurídicas; UFPB
• Palavras-chave em Português: Direito e arte; Direitos humanos; Retórica; Transjuridicidade; Law and arts; Human rights; Rhetoric; Transjuridicity; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.ufpb.br/jspui/handle/123456789/21069

This research has as main objective to investigate in which sense, the rhetoric can serve as a gnosiological basis or justification that makes the construction of a common knowledge of human rights and art(s) legitimate. The need to undertake a research in this way is not just to open up a space for new researches; instead it should serve much more as a consolidation of a field that already exists and already has an intense academic production, which is that of “law and art”. In other words, when searching for the main objective, this research, which falls within the scope of Transjuridicity, and which proposes a collaboration with it, establishes rhetoric as one of the possible bases of transjuridic knowledge. The method, only applicable in a nonmodern sense of the term, that will be used is that of a rhetoric in a generic way with explicit marks of the use of Agripa's tropes, which signify a concern of skeptical features of this research. Still, in order to combine these three phenomena, rhetoric, human rights and art, it is necessary to collect and investigate some others, such as hermeneutics, rehabilitation of practical philosophy, aesthetics, myth and mythology. To discuss them, the starting points will be those proposed by Hans-Georg Gadamer in his philosophical production, being aware of the return to Greek philosophy that he repeatedly provides. Thus, the mark of the Sophistic tradition of rhetoric is placed alongside Gadamerian hermeneutics to argue in favor of an awareness that human understanding works in a markedly hermeneutical-rhetorical way. Taking advantage of the theoretical basis that transjuridicity already has, it will be investigated what Gadamer's rehabilitation of practical philosophy meant, in order to argue that this and that have common purposes, specifically to bring scientific knowledge back to the world of life. Once obtained a basis, through rhetoric, hermeneutics and theoretical-practical reason, we seek to elaborate an investigation about the possibilities of a rhetorical analysis of art and human rights as isolated phenomena. Once considered separately, the phenomena can be understood by rhetoric, so the last phase will be to seek to understand them together, investigating how aesthetics is manifested in law, how it enables greater or lesser effectiveness of legal norms and regularities, and how studies on rhetoric and aesthetics make it clear a character of myth and mythology of dogmatics and philosophy of law.