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Homo Juridicus ^NEW^


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Homo Juridicus



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homo juridicus launched 9 months ago and published 2 episodes to date. You can find more information about this podcast including rankings, audience demographics and engagement in our podcast database.


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Foucault explains the mode of functioning ofgovernmental rationality in an equally original way. It does notfunction according to the opposition of public regulation (State) andthe freedom of the entrepreneurial individual, but according to astrategic logic. The juridical, economic and social dispositifs are notcontradictory, they are heterogeneous. For Foucault heterogeneity meanstensions, frictions, and mutual incompatibilities, successful orunsuccessful adjustments between these different dispositifs. Sometimesthe government plays one dispositif against another; sometimes itrelies on one, sometimes on the other. We are confronted with a kind ofpragmatism that always uses the market and competition as a measure ofits strategies. The logic of liberalism does not aim to take over, in areconciled totality, the different conceptions of law, freedom, rightand the processes that the juridical, economic and social dispositifsimply. According to Foucault, the logic of liberalism is opposed to thelogic of dialectics. The latter considers contradictory terms in ahomogeneous element that promises their resolution in a reconciliation.The function of the strategic logic is to establish the possibleconnections between disparate terms that remain disparate.


Assim como as pessoas humanas têm personalidade, maneira individual de agir e de reagir em face de situações e acontecimentos, cada jurista é homo juridicus que possui as suas preferências em face do Direito e se identifica com determinados valores jurídicos.


De fato, a ordem jurídica emanada de um regime democrático, de um modo geral, é um saber a que se ater e reúne soluções justas para as hipóteses que prevê. A questão, porém, não se resolve completamente na instância política. Quando o conflito se apresenta inamovível, ao jurista se impõe decidir pela aplicação ou não das normas jurídicas, momento em que expõe a sua preferência na escala de valores e revela a sua vocação como homo juridicus.


This addition to Palgrave's valuable Theatre & series explodes the facile links between performance and jurisprudence, far beyond the narrowly construed "drama" of legal proceedings. Drawing on legal precedents and many branches of performance studies, the author suggests that lawfulness is the most inherent and qualifying factor for humanness because reality exists only through the structures of the law. We are homo juridicus before we are homo ludens. The law makes identity concrete. Readers will find the case studies refreshing, and even those that do not surprise (The Caucasian Chalk Circle, The Romans in Britain) receive inspired analysis.


In the West, the human being has become a homo juridicus, a legal man, which is reflected in interpersonal relationships of all kinds: between parents and children, between husbands and wives, between men and women, between superiors and subordinates, between adults and children, etc.. 041b061a72


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