Common Sense to Science: The Theory of Knowledge and the Construction of the Dialectical Method as New Paradigm of the Law

• Autor(a) principal: Neto, Emetério Silva de Oliveira
• Data de Publicação: 2015
• Outros Autores: Teixeira, Igor Moura Rodrigues
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Pesquisa e Educação Jurídica
• Texto Completo: http://www.indexlaw.org/index.php/rpej/article/view/6
• topic: Science; Common sense; Legal epistemology; Dialectical method; Ciência; Senso comum; Epistemologia jurídica; Método dialético

This study is meant to examine the issue involving two initial concepts to the study of Theory of Knowledge, which are: common sense and science. From this initial analysis, will be checked the confluence of these two methods as a own methodology in the process of obtaining knowledge under the prism of the analysis of the epistemological obstacle of Bachelard. It is proposed, therefore, the dialectic overcoming of certain assumptions worked, given that knowledge of the world and things, objects or entities, the original form in which it has access to such entities, consisting in dealing maintained with them in life everyday. The social scientist must build their knowledge despite and against common sense, despite and against reality. Under this scenario, passes to examine the legal epistemology in its traditional forms, the empiricists and idealists methods in order to establish the mechanisms for the study of law proposed by them and identify that these currents are in fase of superation by a Contemporary Legal Theory. Finally, it is urgent, ultimately, the proposition of the dialectical method as a scientific methodology, which be capable of dialoguing with the elements that make up the law in all its spheres, setting up a constant link with what is more inherent to the recipients of the rule of law, its historical, social and political characteristics, linked to a critical analysis of society.