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dos Santos, Luciano Gomes (2015)
Publisher: Conselho Nacional de Pesquisa e Pos-Graduacao em Direito - CONPEDI
Journal: Revista de Argumentação e Hermeneutica Jurídica
Languages: Portuguese
Types: Article
Subjects: VModern rationality; Legal method; Myth of the cave, Racionalidade moderna; Método jurídico; Mito da caverna
This article aims to analyze the Modern Rationality and Legal Method in the light of Plato's Myth of the Cave. The structure of the Myth of the Cave presents the awakening of common sense to science. The journey made by the prisoner symbolizes the changing historical context: the Christian Middle Ages to modernity. The modern rationality emerges with new philosophical and scientific perspective. In this context, thinkers such as Francis Bacon, René Descartes, Gaston Bachelard and Karl Popper, thinking that contributed to the scientific method arise. His ideas allow us to think the legal method. In this perspective, the jurist must abandon the dogmatic right shadows and meet new dynamic to think openly and legal dialectic method in the light of reason, a critical dynamic.
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