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See detailO presente fugidio das crises constitucionais: uma interrogação acerca da questão concernindo a Modernidade da Constituição
Spindola Diniz, Ricardo UL

in Revista Direito e Práxis (2021)

Constitutional crises are denounced now and then. Even if one notices a decrease in the capacity of this concept to ignite popular mobilization, as there seems to be fewer persons inclined to go to the ... [more ▼]

Constitutional crises are denounced now and then. Even if one notices a decrease in the capacity of this concept to ignite popular mobilization, as there seems to be fewer persons inclined to go to the streets in defense of the Constitution in crisis, the concept of crisis retains, unquestionably, its importance, both rhetorically and historiographically. Nevertheless, a theory of constitutional crises remains absent. The present article proposes to confront this absence, interrogating the literature dedicated to the concept of constitutional crises, on the one hand, and questioning the meaning of this absence in its connection to the concept of the Constitution itself. [less ▲]

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See detailDireito, Utopia, Evento: Uma constelação de duas trajetórias
van der Walt, Johan Willem Gous UL

in Revista Direito e Práxis (2020), 11(4), 2802-2848

This paper will scrutinize the relationship between law and utopian thinking and the different trajectories that they must maintain should they seek to sustain some significant relationship between them ... [more ▼]

This paper will scrutinize the relationship between law and utopian thinking and the different trajectories that they must maintain should they seek to sustain some significant relationship between them. It will proceed to do so as follows. After the discussion of the transformation of European thinking in Section II, Section III will explain what is meant by the notion of the primordial event from which law and utopian thinking emerge and commence with their divergent trajectories. Sections IV and V will look at the respective trajectories of utopian thinking, on the one hand, and legal thinking, on the other. Section VI thereafter explores the way in which the two trajectories of law and the utopian imagination can be considered to relate to one another. It does so by invoking the notion of a Stoic difference regarding the different trajectories of law and utopian thinking. Stoic difference concerns the way the different and divergent trajectories of law and the utopian imagination can be understood as a differential relationship that results from two different responses to significant events. The different trajectories of law and utopian thinking need not render them indifferent to one another. But the return of renewed wrist-locked continuity between legal and utopian discourses is no longer to be hoped for. The time for that kind of utopian thinking is over, at least in modern and postmodern societies that may wish to lay claim to the acrobatic act called liberal democracy. This act turns on the sustenance of an essential distance and difference between law and the utopian imagination. [less ▲]

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