EVOLUÇÃO DO POSITIVISMO COMO FILOSOFIA DO DIREITO DA SOCIEDADE COMPLEXA - DOI: 10.12818/P.0304-2340.2022v80p179

Abstract

The evolution of legal positivism is discussed in three trends, as there is no space to examine their schools: legalism, normativism and realism. With the methodologies of empirical description, dissoi logoi and history of ideas, it is demonstrated how the decision-making instances of law have become difficult to control. The results point that the pulverization of common meanings and new communicative media, with the corresponding exacerbation of ethical individualism, cause that, in an already overloaded legal system, the decision-making instances are also overloaded, and their discretionary power is increased. It is concluded that, as strategies for law in a complex society, there remain the democratization of decisions, the pulverization of power and the strengthening of institutions that are capable of controlling these fragmentations.