Pluralismo e crise de sentido no sistema jurídico

• Autor(a) principal: Berbel, Vanessa Vilela
• Data de Publicação: 2018
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/20802
• topic: Comunicação - Aspectos sociais; Meios de generalização simbólica; Cultura; Communication - Social aspects; Medium of symbolic generalization; Culture; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This study propose to contribute with the discussion about the description of the meaning of social communications, in the way as proposed by Niklas Luhmann, from the identification of a spatial dimension of meaning, alongside the objective, social and temporal dimensions already diagnosed by the author. It uses, therefore, intersection of Harisson C. White, Ignácio Farías e Hugo Cadenãs’s analyzes to formulate the concept of "plural worlds," understood as intermediate levels between interactions and social systems, arising from the performation of common sociomaterial elements, narratives, styles, and values. Luhmann did not consider the formation of 'groups' within his scheme of social differentiation plans, highlighting only interactions, organizations and society, and including, only belatedly, protest movements. Likewise, in dealing with the theme of 'culture' he considered it as too broad a theme, unfeasible to social observation. However, this study sustain that in reformulating the concept of culture, it becomes possible to observe other plans of social differentiation that interact with the functional systems, by demarcating 'communication zones' that act in the formation of the systemic choice. Although they are not functional systems, the "plural worlds" formed by the cultural distinction share important characteristics of other social systems, such as the structuring a “medium of symbolic generalization” capable of enhancing the chances of success of systemic communications by reinforcing the form side familiar for the communication that resembles the same pattern of senses they select. It is understood, therefore, that the "plural worlds" formed by culture and social systems are connected by particular communicative contexts that activate immunizing forms of episodic systemic crises arising from the cognitive closure by the compulsive reproduction of previous positive feedbacks. Specifically regarding the legal system, the "plural worlds" allow the balance between stability and instability, change and conservation; and more, by giving rise to the metacode of culture, allow the interpenetration between functional systems and psychic systems