Positivism

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criterion of justice adopted in the law. The value is the element of moral law, it takes into account the views of society on justice. The article aims to make an explanation on the Tridimensional Theory of Law by Miguel Reale, who launched critiques of positivism that dominated the implementation and study of law, and went on to analyze both the standard as moral values and social facts. Thus, this article suggests, succinctly, to explain about the concept, purpose and importance of…

PALAVRAS-CHAVE Teoria do Direito; validade; vigência; eficácia; norma jurídica; magistrado; positivismo analítico; teoria do realismo. KEYWORDS Law Theory; validity; in-force period; effectiveness; legal rule; magistrate/ judge; analytical positivism; theory of realism. Revista CEJ, Brasília, Ano XVIII, n. 64, p. 7-12, set./dez. 2014 7 1 INTRODUÇÃO 8 A qualidade de qualquer estudo realizado no âmbito das ciências humanas depende basicamente da exata formulação dos conceitos que…

primary education of the province of Goiás in the 19th century Sandra Elaine Aires de Abreu Formative reading: hygiene, body and race in pedagogic publication of the beginning of 20th century Regina Cândida Ellero Gualtieri History of mathematics and positivism in aarão Reis’ textbooks Maria Laura M. Gomes indian education in eighteenth century amazon: the lay option Mauro Cezar Coelho From industry mixed-schools to school groups: the education of the employee rendered feasible by…

Benjamin, Leo Lowenthal, Franz Neumann, Erich Fromm, Otto Kirchkeimer, Karl Wittfogel, Friedrick Pollock and later Jürgen Habermas) came under the public notice.The members affiliated to this school had as aim to make a systematic review of the positivism and of the illuminist rationality. Without being a group that had an uniform epistemological basis, they assumed some positions that sometimes do not converged but had a similar common denomination to put in question as the…

factors of Portuguese and Spanish reconstitutionalization and redemocratization. Points to the existence of properties which provide solidity to the new way of thinking the law fenomenon (neoconstitutionalism), aside of jus naturalism and jus positivism aspects. Differences Neoconstitutionalism from New Constitutionalism. Keywords: Neoconstitutionalism. Law paradigm. Constitutional Law. Constitutional Democratic State. New Constitucionalism. INTRODUÇÃO Os constitucionalistas…

"human" requires the man to ensure life, personally and socially, a humanist way with solid foundations for perfect contact with all beings. This debate is reflected in the legal harvest, notably the need to return to postulate, against the demands of positivism, the relevance of thinking about values in the field of scientific studies about the legal system, which meant a new rapprochement between the fields of law and Morals. It follows that a current rapprochement guise of ethical…

in teacher-researchers: between discontinuity and continuity Abstract: Throughout its passage science received influence from some philosophical conceptions. Among the chains of bigger impact and longevity in the construction of science meets the positivism, characterized for the idea of a linear and cumulative science. These values had granted to Modern Science the portability of truths and the legitimation of concepts. However, the ticket between centuries XX and XXI bring amongst its…

article takes its analytical axis from the work of Gaston Bachelard in the construction of the “new scientific spirit”, and is based on his epistemological contributions as they appear in his scientific pedagogy and analysis of the demise of positivism as a research framework in the Social Sciences. The text introduces Bachelard’s historical epistemology, in which all knowledge is regarded as controversial, and that, therefore, old constructions must give way to new constructions.…

only be valid, but correct, dos not considering the difference between justification discourses an application discourses that are common in legislative activity and jurisprudencial decision. KEYWORDS: Pure theory of law – hermeneutic – legal positivism. 1 Doutora e Mestre em Direito Processual pela Pontifícia Universidade Católica de Minas Gerais. Professora dos curso de Direito da PucMinas. Professora do Programa de Pós-Graduação Stricto Sensu em Direito da Universidade de…