Mind the Gap Between the New Portfolio and the So-called Old System
Civilistica.com
Mind the Gap Between the New Portfolio and the So-called Old System
Autor Correspondente: Luiz Edson Fachin | [email protected]
Palavras-chave: Society. State. Law. Regulation. Civil Law. Constitutional Law. Principles. Human Dignity. Effectiveness. Multiculturalawlism. Bureaucratized Law.
Resumos Cadastrados
Resumo Inglês:
This essay aims to give a concise reflection on some of the historical and multicultural vicissitudes nowadays faced by certain Western legal systems; this is especially in regards to the desired effectiveness of normative legal systems in certain Western regions. The essay is based on experiences of systems in power blocks (like the European Union), analysing the intersection between Private Law and Public Law (for example Civil Law and Constitutional Law) by using comparison to the factual dynamics that structure contemporary Society. The paramount concern is to problematize the cultural dialogue between systems, including an internal and systematic review, in light of the constitutional principles (specifically human dignity and solidarity) of the asymmetry between the existing legal system and the solution of actual problems in inter-private relations. In order to prevent
bureaucratized Law, the respect between different systems is proposed.
