Abstract

MARTINAZZO, Celso José; SCHERER, Fernanda Serrer  and  SILVA, Sidinei Pithan da. Theory of complexity and contemporary legal rationality: (re) thinking the complexity of conflicts. Rev. Reflex [online]. 2018, vol.26, n.3, pp.91-105.  Epub Sep 23, 2019. ISSN 1982-9949.  https://doi.org/10.17058/rea.v26i2.11731.

The present work seeks to verify the contributions of the Complexity Theory in the re-reading of the conflict and the way in which modern legal rationality has bequeathed to the Law and the juridical formation the role of reducer of the conflicting complexities. Departs from the finding that the modern legal rationality has transformed divergences of interests into cold exchanges of arguments amid linear and simplifying judicial procedures. Furthermore, verifies the contributions of the Theory of Complexity to a new look at the conflicts, revealing their chaotic plot producing new possibilities of life and coexistence. Finally, anchored in the complex thinking, attributes to the rescue of sensibility the key to reconnect the human being to his humanity, conceiving new ways for the treatment of the intersubjective conflicts from a dialogical relation that approaches the value of the culture of the humanities with the technoscientific cultures in a reflective and humanizing perspective.

Keywords : Legal Rationality; Modernity; Complexity; Conflicts.

        · abstract in Portuguese | Spanish     · text in Portuguese     · Portuguese ( pdf )