Retórica como metódica para estudo do direito

Abstract

According to ontological, essentialist philosophies, clearly prevailing in Western tradition and in contemporary philosophy of law, language is a mere instrument to the discovery of truth, which can be apparent to some, or to hide behind appearances, to others, with all combinations and eclecticisms. The common idea is that with method, logic, intuition, emotion and all their knowledge apparatus, it is possible for human beings to find truth, statements which would compel everyone to acceptance (“rationality”). In what ethics is concerned, truth equals correctness, justice and other laudatory adjectives. This paper defends the thesis that this is a highly functional illusion and that the precarious agreements of language not only constitute the maximum possible guarantees, they are the only ones. Moreover, despite being temporary, autopoietic, circumstantial and frequently disrespected, this is all that can be called rationality