El dilema del progresismo jurídico: Sobre la pertinencia de un ejercicio crítico del derecho

Article

Authorship

ALVAREZ, LUCIANA

Date

2017

Publishing House and Editing Place

Universidade do Estado do Rio de Janeiro

Magazine

Quaestio Iuris, vol. 10 (pp. 2678-2691) - ISSN 1516-0351
Universidade do Estado do Rio de Janeiro

ISSN

1516-0351

Summary Information provided by the agent in SIGEVA

The present paper proposes a critical reflection about the dilemma of legal progressivism, as it was exposed by Duncan Kennedy in his well-known work “The Critique of Rights in Critical Legal Studies”. To this end, I will suggest some theoretical limitations of Kennedy’s developments and propose some problematizations about the possibility and necessity of a critical exercise on law, from a Foucauldian perspective, with special attention to power relations, govern and conducti... The present paper proposes a critical reflection about the dilemma of legal progressivism, as it was exposed by Duncan Kennedy in his well-known work “The Critique of Rights in Critical Legal Studies”. To this end, I will suggest some theoretical limitations of Kennedy’s developments and propose some problematizations about the possibility and necessity of a critical exercise on law, from a Foucauldian perspective, with special attention to power relations, govern and conduction of conducts.