The (un)common sense of unveiled “obviousness”: A tribute to Luis Alberto Warat

Authors

  • Lenio Luiz Streck UNISINOS

DOI:

https://doi.org/10.4013/rechtd.2012.42.08

Abstract

The reflections presented in this paper seek to discuss the contributions made by Luis Alberto Warat to the theory of law. Undoubtedly, he was the one who best approached the relation of jurists with legal dogmatics, the law and their daily practices. In this sense, the article analyzes Warat’s concept of the jurist’s theoretical common sense, which is the way in which the legal dogmatics instrumentalizes law by giving up the pleasure of thinking. Thanks to Warat, it has become easier to perceive within the critical theory that one of the aspects that instrumentalize the paradigm crisis of legal dogmatics is based on the circumstance that in law the boundaries between common sense and science are not precise.

Key words: theoretical common sense, legal dogmatics, Luis Alberto Warat.

Author Biography

Lenio Luiz Streck, UNISINOS

Doutor em Direito pela UFSC; Pós-Doutor em Direito Constitucional pela Universidade de Lisboa; Professor Titular do PPGD da UNISINOS.

Downloads

Published

2012-12-20

Issue

Vol. 4 No. 2 (2012): July/December

Section

Articles

License

I grant the journal RECHTD the first publication of my article, licensed under Creative Commons Attribution license (which allows sharing of work, recognition of authorship and initial publication in this journal).

I confirm that my article is not being submitted to another publication and has not been published in its entirely on another journal. I take full responsibility for its originality and I will also claim responsibility for charges from claims by third parties concerning the authorship of the article.

I also agree that the manuscript will be submitted according to the journal’s publication rules described above.