Bases conceituais do pensamento sistêmico e do direito sistêmico a partir da obra de Sami Storch

• Autor(a) principal: Barbosa, Emanuela Guimarães
• Data de Publicação: 2023
• Outros Autores: Francischetto, Gilsilene Passon Picoretti
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Repositório da Faculdade de Direito de Vitória
• Texto Completo: http://dx.doi.org/10.21527/2317-5389.2023.21.13702; http://191.252.194.60:8080/handle/fdv/1679
• topic: Paradigma; Pensamento sistêmico; Direito sistêmico; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

By stating that “the whole is greater than the sum of its parts,” Aristotle succinctly and directly exposed the foundation currently used by defenders of systemic thinking, who recognize the complexity of societies and, consequently, social conflicts and experiences. They propose the emergence of a new scientific paradigm. The emergence of this new way of thinking is in response to the recognition that Law, as a science, has not been able to create effective solutions for the treatment and resolution of various conflicts through the application of the traditional scientific method, which understands the phenomenon as being simple, objective, and stable. This postulation has sparked the need for academic debate on this new method of thinking, which, by understanding conflict in a complex way, aims to solve disputes in order to achieve balance and peace within the now considered complex system. It is from the premise that one cannot have a clear vision without knowing the whole and without taking into account its various interactions, that we affirm our understanding that a revolution in the Cartesian scientific method is necessary because science no longer supports an understanding based on standards or parameters of right or wrong, true or false, as such positions directly result in the loss of space in the face of the various possibilities arising from the complexity of systems.