A sociological investigation of law in system theory

• Autor(a) principal: De Giorgi, Raffaele
• Data de Publicação: 2016
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Direito.Unb (Online)
• Texto Completo: https://periodicos.unb.br/index.php/revistadedireitounb/article/view/24494
• topic: Verdade; Direito; Construtivismo; Observação; Legitimidade; Truth; Law; Constructivism; Observation; Legitimacy

Among the many challenges of legal research, the problem of truth in law and the observation that the legal system as object constitute a constant challenge both for legal theorists and sociologists of the same subject. This challenge has been historically examined through different perspectives, although the Kantian approach to the legal truthas an experience of controlled origin is, until our days, the most relevant. Despite that, under the scope of legal sociology and, above all, with the theoretical viewpoint of system theory, the aforementioned problem can be unfolded and radicalized pursuant to the observer’s constructive relationship with her reality. For this matter, the researcher-observer is part of the world that she herself builds up. On the other hand - and supposing the universalization of this experience -, as a consequence, all observers are also builders of their own world. That is, the scientific contribution of the research applies to itself and brings, as a consequence, a new way of conceptualizing the truth, raising thereby a sort of accusation above us: it discusses our present and tell us that we are liars when we tell the truth.