A identidade entre direito e estado fundamentada pela teoria pura do direito de Hans Kelsen: análise à luz da perspectiva histórico-filosófica e da crítica de Eric Voegelin
The pure theory of Law is a theoretical framework of immense importance to legal science erected in contemporary times. Conceived by Hans Kelsen, considered the greatest jurist of the 20th-century, its purpose was to provide autonomy to the knowledge of Law, separating it from political, sociologica...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/49187 |
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| Resumo: | The pure theory of Law is a theoretical framework of immense importance to legal science erected in contemporary times. Conceived by Hans Kelsen, considered the greatest jurist of the 20th-century, its purpose was to provide autonomy to the knowledge of Law, separating it from political, sociological and metaphysical influences, excluding everything that did not belong to the sphere of its object - the legal norm. Thus, in this vein, the present research intends to analyze the kelsenian theory from a specific point of view regarding the identity between Law and the State founded by it, with the main objective of verifying whether such a relationship ends up conceiving the reduction of the State to the Law itself. Therefore, bibliographic research will be used, essentially based on the literary production on the subject, under the prism of the historical-philosophical perspective. Furthermore, considering that the pure theory of Law was hotly opposed, the present research brings to light the contours of the criticism formulated by the political philosopher Eric Voegelin, since it directs the aspects that will be approached. From the analysis of the historical-philosophical and legal framework, the research comes to the conclusion that the pure theory of Law, by basing the identity between Law and State, causes the latter to be conceived in exclusively normative terms, reducing it to the own Law and causing its impoverishment. |
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