Abstract

WOLKMER, Antonio Carlos  and  MACHADO-FAGUNDES, Lucas. The limitations of eurocentric emancipating rationalism to light of legal pluralism as peripheral criticality. Opin. jurid. [online]. 2017, vol.16, n.31, pp.89-116. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v16n31a4.

The juridical pluralism shows that the problem of the law sources not only from the State because organized communities also produce norms. Then, which would be the basis of such plural juridical comprehension? It is possible to find an emancipation-type rationality which views the juridical pluralism as a reasonable capacity to emancipate the individuals in a specific situation of oppression. However, the idea of such rationality should be observed within a concrete historical reality and that implies the observation of the type of rationality as critical potentiality of law. This article includes the limitations of emancipating rationalism and explores the criticality of juridical pluralism in the peripheral reality. The general objective of the study is to make a reflection on the limitations of emancipating rationalism and, specifically, to renew the perspective of emancipating rationality in the pluralist horizon of liberation. Such objectives will be reached through a bibliographic research and an analytical methodology. Hence, the contribution of this study is to open the emancipating horizon as an intra-modern phenomenon and to verify the existence of other aspects.

Keywords : Rationality; emancipation; juridical pluralism; liberation; critical legality..

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