Análise retórica das dicotomias tradicionais sobre o conceito de direito

Abstract

This work is situated in the fields of the philosophy of law, of the general theory of law and of the history of legal ideas but keeping away from the traditionalism of domin ant legal dogmatics. Its central objective is to clarify the origins and to make a contemporary critique of the ideas that contributed to the formation of the great theoretical dichotomies that have shaped and still constitute the legal praxis of Western civilization, clarifying the concept of law by means of its main adjectives, that is to say, positive and natural law, objective and subjective law, public law and private law. The method used is the rhetorical analysis, which, although millenarian, has been obscured by the dominant ontologies. The bibliographical references used are the thinkers who elaborated such ideas in their origins, taking into account their respective contexts, leaving aside the secondary literature. It concludes by an observation on the persistence of those dichotomies in the horizon of the jurists and tries to offer an explanation for their actuality