New fundamental rights - or new object(s) to the Law?
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If the Law has a clear mission of conformation of social life and human behaviour, it is important to not perch in shameless ivory tower. If the coercive power of Law is assumed as accepted the authority of the legislator, this cannot be a closed process. Tocqueville remembered that democracy is "a sensation of noise", by involving public discussion space and necessary consensus. Thus, the Law is not a mere prediction, but corresponds to an order of human coexistence guided by the idea of a fair order, which requires a deliberative rationality as the constituent and constitutional archetype of...
If the Law has a clear mission of conformation of social life and human behaviour, it is important to not perch in shameless ivory tower. If the coercive power of Law is assumed as accepted the authority of the legislator, this cannot be a closed process. Tocqueville remembered that democracy is "a sensation of noise", by involving public discussion space and necessary consensus. Thus, the Law is not a mere prediction, but corresponds to an order of human coexistence guided by the idea of a fair order, which requires a deliberative rationality as the constituent and constitutional archetype of the community. These writings - that correspond to the partial translation of the pre-published work Novos direitos (ou novos objectos para o Direito?), Porto, Editorial UP, 2010 - are precisely aimed at contributing to this argumentative quest in the public space, believing that the formal legal understanding frames can also tune the experiences of citizenship. Even if it was mainly set upon the portuguese legal system, we do think that there are several general broader issues that may be considered valuable in what concerns these discussions.
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