Conflict mediation and the culture of dialogue in the legal system: a study based on “The Island of Dr. Moreau”

• Autor(a) principal: Sales, Lilia Maia de Morais
• Data de Publicação: 2020
• Outros Autores: Ribeiro, Sabrina Florêncio
• Tipo de documento: Artigo
• Idioma: por; eng
• Título da fonte: Anamorphosis (Porto Alegre)
• Texto Completo: https://periodicos.rdl.org.br/anamps/article/view/642
• topic: Alternative Dispute Resolution; Law and Literature; Conflict Mediation; Theory of Communicative Action; Legal Training.; direito na literatura; ensino jurídico; mediação de conflitos; métodos adequados de solução de conflitos; teoria da ação comunicativa.

The distance between the people and the political community deepens social inequalities and the wide legitimacy crisis of the current powers. In this context, we perceive an apathetic behavior of the numerous segments and, hence, the need to promote a more inclusive public sphere. Given this context, the role of legal institutions in the construction of the aforementioned public sphere is questioned. This article aims to analyze the possibility of a new legal paradigm based on dialogue and fraternity. To this end, the bibliographic and documentary study was adopted as methodology, using as a background to illustrate this study, the novel entitled The Island of Dr. Moreau (1896), by Herbert George Wells. From the analysis of the plot, it is clear that many of the crises experienced at the present time could be predicted and find deep roots in past centuries. Therefore, the study results are distributed into three topics. The first of them presents the plot of The Island of Dr. Moreau, which will guide the following findings. The second presents Habermas's Theory of Communicative Action and conflict mediation, supported above all by Luis Alberto Warat’s perceptions, as vectors of social transformation and modern legal culture. Finally, the third topic is about the importance of the interpreter of the law, , who must be educated based on humanistic values, such as empathy, dialogue and otherness, as an agent for the implementation of this transformation.