Navegando por Assunto "Gadamer, Hans Georg, 1900-2002"

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Além da racionalidade dogmática: uma tentativa de reeleitura do conceito de validade jurídica com base na hermenêutica filosófica de Hans-Georg Gadamer
(Universidade Federal do Pará, 2011) COSTA, Júlio César Sousa; COSTA, Paulo Sérgio Weyl Albuquerque; http://lattes.cnpq.br/4135075517359609
The present work deals with two major knowledge areas: Philosophy and Law. It results from a study aimed at approximating Hans-Georg Gadamer’s philosophical hermeneutics and legal hermeneutics. This work results from trying to make a reflection on the concept of legal validity, seen as central to the dissertation calls "dogmatic rationality", based on Hans-Georg Gadamer’s philosophical hermeneutics, with its influence on law, and that puts forward as a philosophical perspective of positivism inherent in overcoming the current law, what is constructed by a new designation of what is meant by legal interpretation. To perform this research, started from the understanding of the concept of legal validity from the analysis of the Hans Kelsen’s work, as the author of the representative legal positivist tradition in thinking that dealt with more acuity of that concept, and in contrast to that, too one seeks to make the analysis of that concept in the Robert Alexy’s work, as an example of what has been called today "post-positivism" – that is, in an attempt to overcome the still prevailing dogmatic rationality in interpreting right, at least in Brazil. The theoretical approach involved, besides the central Hans-Georg Gadamer’s philosophical perspective, the search for authors who do an analysis of their assumptions. We tried to illustrate, though, such an application, through a possible reading of the expanded concept of the hermeneutic circle proposed by the author. After all, there was certain fundamental concepts of Gadamer’s philosophy – such as the hermeneutic circle, the tradition, the temporal distance, the “awareness of the effects of history” and the application as a way of understanding – are also usable for legal interpretation enabling a more thorough reflection on the way to renewed understanding of the law. It is therefore a qualitative study and exploratory nature, of which methodological procedures departed, especially about its literature.
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Contributos hermenêutico-filosóficos para uma fundamentação ética dos direitos humanos: a epocalidade e o cotidiano sob o pensamento de Heidegger e Gadamer
(Universidade Federal do Pará, 2010-07-01) AROUCK, João Henrique Vasconcelos; COSTA, Paulo Sérgio Weyl Albuquerque; http://lattes.cnpq.br/4135075517359609
The present work develops some essential issues of philosophical hermeneutics as a way to fundament human rights in its ethical determination. The discussion is conducted as a hypothesis to face two problems: the representational model of the contemporary scientia juris and its methodologized way of interpretation may not fundament human rights in its proper reason of being. Still, as a consequence, these two problems might be seen as one of the causes to a “rational” but innocuous criticism about human rights as well. Therefore, the philosophical sense of the quotidian – of the “common” – is here discussed as a proper way to analyze the practical routine of law´s everyday interpreters as a pragmatic way to justify the need for human rights in a contemporary law practice. To discuss it, the thematic of intuition is here worked in its existential basis: so, in that way, human rights can be apologized as a substantive part of our intuitions about what is the most fair. Moreover, these fundamental rights can be even thought as a practical way to find out, normatively, the best right – the best law for our epoch. Heidegger leads us to investigate human rights as a necessary event for our time by its ethical significance. In other words: these rights constitute part of the movement of our being-with in its symbolic and suggestive significances. Gadamer help us to interpret that radical philosophical way by hermeneutic terms: to the law reality that idea can be seen as a re-turn to some lost concepts of our humanistic culture. With Gadamer we still can affirm that law is a practical “philosophy” in its most fundamental determinations. Therefore, the Greek disposition for the phronésis is, nowadays, a proper way to see human rights as an ethical manifestation for the best, for the most fundamental goods. Still through the philosophical hermeneutic ideas, we conclude the work with a more specific discussion about the relations between our intuitions, convictions and our pre-conceptual structure which determines the worldness of our concepts into Law´s social practice.
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O diálogo no horizonte de H. G. Gadamer e o conhecimento em educação
(Universidade Federal do Pará, 2015-06-22) PUREZA, Aurizete Rodrigues; SEIBT, Cezar Luís; http://lattes.cnpq.br/7464213317216078
This present study is a master’s degree thesis. It features itself as a qualitative bibliographical research, whereas the treatment and lens by which is seen the questions brought here are related to hermeneutic posture, in the form as it is defended and perceived by H. G. Gadamer. During the text a dialogue is done from contributions from Nadja Hermann and Flickinger, as authors with works that relate Hermeneutics with Education. When composing this work it is sought to understand the hermeneutical conception of Diologue in Gadamer and its relation with Education, to contribute with studies about the dialogic relation favorable to the search for new horizons in the construction of knowledge in education. The text initiates with the title: “Abrindo o Diálogo” (“Opening the Dialogue”), which reveals the genesis of this study. Emphasizes the anguish and gaps in the course of the route’s formulation. Also emerges in these opening lines professional experiences I lived in everyday school routine as a teacher, which always fueled the curious eyes, moved by so many questions, problematizing it and culminating in the theme presented here. Throughout the text it’s highlighted aspects that are put to test in the discussion of the construction of knowledge in education, among them: education as dialogue, the relationship between subjects in the process of teaching/learning and the formation of school by the moorings of modern science, problematizing the crescent difficulty of dialogue, preventing the crossing of horizons of the one that teaches, the one that learns and what it is learned. Concluding, without exhausting the theme, the reflections raised by the concept of Dialogue in Gadamer, points education as a happening which can be seen from different points of view, other possibilities, other rationalities. Which dialogue is the view from hermeneutics. In this way, the text presents itself as the possibility of looking through other cracks, making different readings about the world, where knowledge is always multiple possibilities of interpretation. Reveals a dynamic knowledge, inthe game of listening and speaking, the appreciation of the question in detriment of the answer. An education that makes the search for knowledge not an end, as a product to be received, but a dialogue that takes place in the meeting with the other.
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Para além do garantismo: uma proposta hermenêutica de controle da decisão penal
(Universidade Federal do Pará, 2011) PINHO, Ana Cláudia Bastos de; MAUÉS, Antonio Gomes Moreira; http://lattes.cnpq.br/5100632338260364
Assuming that, in Brazil, the theory of criminal justice is not consistent, the present work argues that the epistemology of juridical garantism, held by Luigi Ferrajoli, has limitations that separate it from the practical world, and therefore hinder the development of a theory able to limit the power of the criminal judge. Although the theory of guarantism gives special attention to the interpretive relativism, by proposing a technique of language's formalization to reduce situations of uncertainty, it still admits an insuppressible margin of discretion (always pro reo). The purpose of this thesis is the overcoming of this semantic model of perception of Law by a hermeneutic understanding of the juridical phenomenon. Based on the philosophical hermeneutics (Hans-Georg Gadamer) and the theory of Law as integrity (Ronald Dworkin), this research endorses the hypothesis that the Law is not the result of findings (conventionalism), neither of inventions (pragmatism). In other words, Law is not written somewhere in the past, neither is what the judges think it is. The Law is an interpretive social practice, it is the result of the best possible moral argument. By articulating relevant concepts of Gadamer (such as prior foundations of the understanding, merging of horizons, tradition, dialogue, experience, finitude and language) with the analysis of juridical integrity of Dworkin, this research - without the pretension of correcting Ferrajoli‟s garantism, but to overcome the eventual limitations of a semantic theory of Law - presents the hermeneutics as a privileged path to constrain the criminal decision.
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O que é compreensão na hermeneutica filosófica de Hans-Georg Gadamer
(Universidade Federal do Pará, 2015-10-29) BRITO, Roney Lopes; SOUZA JÚNIOR, Nelson José de; http://lattes.cnpq.br/7150345624593204
The objective is to show that Gadamer seeks to rehabilitate a subjectivity that is determined and marked by their world. The world reported by Gadamer is historically mediated and interpreted through language. The great gadameiran effort is to overcome the philosophy marked by subjectivity (pure) with the proposal of a philosophical hermeneutics that seeks to rehabilitate the tradition and its prejudices, where the subject is in fact subject.