12 Seqüência (Florianópolis), n. 77, p. 11-28, nov. 2017
The First Notes About an Epistemological Orientation to the Law From the Relation Between Sensitivity and Understanding
In what concerns to rationalist philosophy, this article mobilizes the
reflecting judgment as a condition for a hermeneutics that lay its roots on
the critique of judgment, allowing articulations that are organized from a
research-orienting question: at what measure can a hermeneutical ethics
offer an epistemological guidance for Law in contemporaneity?
The present study is delimitated as follows: [i] in one, from a
philosophical approach unified by the Kantian critical system able
to identify the preconditions for an epistemology that enables the
achievement of judgments and [ii] in two, in the interception of
understanding and practical reason from the postulates of aesthetic
judgment, in particular, the reflecting judgment and [iii] in three, in the
investigation about the possibilities of a critical ethics hermeneutic serve
as epistemological guidance for the Law.
In summary, the given discussion involves determinant judgment
and reflecting judgment, being the first as the difference allowing the
delimitation of the second, and yet, by the reason of dissimilarities, both
serve as auxiliary lines to clarify the problem in all its extension and
In this context, the pursuit is to find a critical hermeneutic ethics that
permits to undo the apparent antinomy between knowledge production,
deduced from pure postulates, and the comprehension ever immersed in
historicity and traversed by sensibility: these two moments, apparently
opposite, can be overcome by the entireness and the unity of Kant’s work,
allowing new perspectives for the comprehension of complex problems
faced in the twenty-first century (ever since perpetrated by the human
being in their worldly condition).
In this line, the reflecting judgment analysis and the route to the
construction of a hermeneutical ethics must allow the identification of a
new posture as per the problems faced by Law, from the epistemological
orientation that will possibly be revealed by the survey.