Legal Positivism as Epistemological Obstacle to Legal Knowledge Production: Dogmatism and its Consequences to the Jurist Academic Education

Revista de Pesquisa e Educação Jurídica

Tatiana Mareto Silva¹  Elda Coelho de Azevedo Bussinguer² 

[1] Centro Universitário São Camilo - Campus Espírito Santo, SAO CAMILO;Faculdade de Direito de Vitória, FDV;

关键词: Obstáculos epistemológicos, Ensino jurídico, Dogmatismo;   

DOI  :  10.26668/IndexLawJournals/2525-9636/2016.v2i1.198

来源: DOAJ

【 摘 要 】

Legal education, in Brazil, embraced a tecnical-legalist attitude, in which students are trained to read and understand written law, reducing Right exclusively to this operation. Considering the epistemological obstacles identified by Gaston Bachelard, and considering how legal education happens in Brazilian academies, this essay proposed a reflexive approach of Right education through positive dogmatism, identifying the production of a non-critical and technicist professional and the idealistic and simplistic training which makes difficult the resolution of social complex questions, as problems of necessary coping to reformulate legal education.

【 授权许可】

Unknown