LAW IN THE OPPOSITE DIRECTION OF LITERATURE: THE IDEA OF CREATION IN THE CONTEMPORARY PARADIGM
This article is part of the field of Law and Literature studies and aims at problematizing creative freedom in the judicial sphere. For that, it presents a diachronic synthesis of the concepts of creation as formulated by literary theory and highlights its articulation with the notions of intertextu...
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| Format: | Article |
| Language: | Portuguese |
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Universidade Federal de Santa Maria
2017-12-01
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| Series: | Revista Eletrônica do Curso de Direito da UFSM |
| Subjects: | |
| Online Access: | https://periodicos.ufsm.br/revistadireito/article/view/29566 |
| _version_ | 1818974514705334272 |
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| author | Henriete Karam |
| author_facet | Henriete Karam |
| author_sort | Henriete Karam |
| collection | DOAJ |
| description | This article is part of the field of Law and Literature studies and aims at problematizing creative freedom in the judicial sphere. For that, it presents a diachronic synthesis of the concepts of creation as formulated by literary theory and highlights its articulation with the notions of intertextuality and the horizon of understanding. Then the study refers to Pierre Menard, author of the "Quixote", a short story by J. Borges, to explain the conception – derived from the assumption of the hermeneutic paradigm - that literary invention results from the process of reading, interpretation and rewriting. Finally, it indicates the contexts that gave rise to the conceptions that postulate the freedom of creation of the law in the jurisdictional sphere, addressing, especially, the positions of M. Cappelletti on the creative performance of the judges. Such an approach makes it possible to note the anachronism of the theories of law that link the concept of creation to the idea of creative freedom - whose effects are activism and judicial decisionism - given the current understanding that literature theory has of the central role of interpretation in the creative process. |
| first_indexed | 2024-12-20T15:41:16Z |
| format | Article |
| id | doaj.art-ebc827e97aa74205b3abe92942149b37 |
| institution | Directory Open Access Journal |
| issn | 1981-3694 1981-3694 |
| language | Portuguese |
| last_indexed | 2024-12-20T15:41:16Z |
| publishDate | 2017-12-01 |
| publisher | Universidade Federal de Santa Maria |
| record_format | Article |
| series | Revista Eletrônica do Curso de Direito da UFSM |
| spelling | doaj.art-ebc827e97aa74205b3abe92942149b372022-12-21T19:35:11ZporUniversidade Federal de Santa MariaRevista Eletrônica do Curso de Direito da UFSM1981-36941981-36942017-12-011231022104310.5902/198136942956614069LAW IN THE OPPOSITE DIRECTION OF LITERATURE: THE IDEA OF CREATION IN THE CONTEMPORARY PARADIGMHenriete Karam0Faculdade Guanambi (FG/BA).This article is part of the field of Law and Literature studies and aims at problematizing creative freedom in the judicial sphere. For that, it presents a diachronic synthesis of the concepts of creation as formulated by literary theory and highlights its articulation with the notions of intertextuality and the horizon of understanding. Then the study refers to Pierre Menard, author of the "Quixote", a short story by J. Borges, to explain the conception – derived from the assumption of the hermeneutic paradigm - that literary invention results from the process of reading, interpretation and rewriting. Finally, it indicates the contexts that gave rise to the conceptions that postulate the freedom of creation of the law in the jurisdictional sphere, addressing, especially, the positions of M. Cappelletti on the creative performance of the judges. Such an approach makes it possible to note the anachronism of the theories of law that link the concept of creation to the idea of creative freedom - whose effects are activism and judicial decisionism - given the current understanding that literature theory has of the central role of interpretation in the creative process.https://periodicos.ufsm.br/revistadireito/article/view/29566ativismocriaçãodecisionismodireito e literaturainterpretação |
| spellingShingle | Henriete Karam LAW IN THE OPPOSITE DIRECTION OF LITERATURE: THE IDEA OF CREATION IN THE CONTEMPORARY PARADIGM Revista Eletrônica do Curso de Direito da UFSM ativismo criação decisionismo direito e literatura interpretação |
| title | LAW IN THE OPPOSITE DIRECTION OF LITERATURE: THE IDEA OF CREATION IN THE CONTEMPORARY PARADIGM |
| title_full | LAW IN THE OPPOSITE DIRECTION OF LITERATURE: THE IDEA OF CREATION IN THE CONTEMPORARY PARADIGM |
| title_fullStr | LAW IN THE OPPOSITE DIRECTION OF LITERATURE: THE IDEA OF CREATION IN THE CONTEMPORARY PARADIGM |
| title_full_unstemmed | LAW IN THE OPPOSITE DIRECTION OF LITERATURE: THE IDEA OF CREATION IN THE CONTEMPORARY PARADIGM |
| title_short | LAW IN THE OPPOSITE DIRECTION OF LITERATURE: THE IDEA OF CREATION IN THE CONTEMPORARY PARADIGM |
| title_sort | law in the opposite direction of literature the idea of creation in the contemporary paradigm |
| topic | ativismo criação decisionismo direito e literatura interpretação |
| url | https://periodicos.ufsm.br/revistadireito/article/view/29566 |
| work_keys_str_mv | AT henrietekaram lawintheoppositedirectionofliteraturetheideaofcreationinthecontemporaryparadigm |