Law as a Norm System Builded Argumentative and Narratively

Abstract

The article is about understanding the law system as a system of principles and rules and about a proposed hermeneutics that can maintain the law's autopoiesis and its perspective democratic and emancipatory. It concluded any distinction between normative species is based in rational insufficiently criteria. Such distinctions are irrelevant to understand the law. Hermeneutic perspective proposed is based on understanding the law system as argumentative and narrative practice. The interpreter of the law must building a solution for case taking note about past and future: consistent with what is already built and indicative of the future that can be intended.

Keywords

• Teoria dos princípios
• Hermenêutica jurídica
• Teoria do decisão