Law and Philosophy - da Silva Webber, Suelen
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This work looks at judicial decision-making in Brazil from the perspective of Heidegger's philosophical hermeneutics. Today, practically every issue is brought before the judiciary, and society expects an answer. However, it can't be just any answer; judges can't 'decide anything about anything'. We need to think critically about the decision, demanding that judges pass judgement responsibly. This responsibility is hermeneutic in nature, and so it is not enough to say that the decision is legally legitimate, regardless of its content. In a democracy, decision-makers have a commitment to…mehr

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Produktbeschreibung
This work looks at judicial decision-making in Brazil from the perspective of Heidegger's philosophical hermeneutics. Today, practically every issue is brought before the judiciary, and society expects an answer. However, it can't be just any answer; judges can't 'decide anything about anything'. We need to think critically about the decision, demanding that judges pass judgement responsibly. This responsibility is hermeneutic in nature, and so it is not enough to say that the decision is legally legitimate, regardless of its content. In a democracy, decision-makers have a commitment to responsibility, and the judge has to allow himself to assume his authentic way of being and, when necessary, be rescued from anguish. An inauthentic way of being can undermine hermeneutic responsibility, negatively affecting the delivery of justice and, with it, democracy. Law is not immune to the changes brought about by philosophy. Therefore, we need to overcome the classical metaphysics that still predominates in decision-making; understanding the case will happen when decision-makers adopt their authentic way of being. It is this confrontation that the book offers the reader.
Autorenporträt
Suelen da Silva Webber has a PhD and a Master's in Public Law from Unisinos. Bachelor of Laws from UCS. Researcher. Lawyer and Legal Expert. University lecturer. She has held the positions of Civil Lay Judge and Criminal Conciliator. Author of books and various academic articles.