TOWARDS A PURE THEORY OF PRINCIPLES: THE LIES OF NEOCONSTITUTIONALISM, LIMITS OF A LEGAL THEORY, AND THE PATH TO A CONSISTENT LEGAL PRACTICE

TOWARDS A PURE THEORY OF PRINCIPLES

THE LIES OF NEOCONSTITUTIONALISM, LIMITS OF A LEGAL THEORY, AND THE PATH TO A CONSISTENT LEGAL PRACTICE

Authors

  • Rodrigo Borges Valadão Albert-Ludwigs-Universität Freiburg

Keywords:

problems of post-positivism, legal positivism, legal practice

Abstract

In Brazilian jurisprudence, Post-Positivism (or Neoconstitutionalism) is a kind of unique discourse. Built on a caricature of its predecessor, Post-Positivism does not offer consistent solutions to the problems of Legal Positivism. In fact, it ends up being a great retrocession to Natural Law, presenting exactly the same problems that Legal Positivism, more than a century ago, struggled to correct. A democratic legal practice does not presuppose “leaving aside” Legal Positivism. It can only be made “from” it.

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Published

2017-10-23

How to Cite

Valadão, R. B. (2017). TOWARDS A PURE THEORY OF PRINCIPLES: THE LIES OF NEOCONSTITUTIONALISM, LIMITS OF A LEGAL THEORY, AND THE PATH TO A CONSISTENT LEGAL PRACTICE. Revista Da EMERJ, 20(79), 309–347. Retrieved from https://ojs.emerj.com.br/index.php/revistadaemerj/article/view/24

Issue

Vol. 20 No. 79 (2017): Revista da EMERJ (Numeração antiga)

Section

Artigos

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