La autonomía de la voluntad y el pluralismo jurídico en nuestros días

AUTOR(ES)
FONTE

Sociologias

DATA DE PUBLICAÇÃO

2005-06

RESUMO

"Autonomy of will" - that beautiful matrix of classic liberal private law ("he who says contractual, says fair") is currently an important instrument for regulating social relations. Observation of real - effective - functioning of that legal tool reveals in a paradigmatic way the identity of the social post-modern individual whose freedom is both immense and insignificant, an unlimited source of power and servile subjection to directives by public and private organizations which establish what we should want in order to want effectively. Exercising that prerogative means adhering to norms that really impose themselves regardless of their sources, but at a degree that can be determined. Such degree - sociologically interesting and politically useful - implies a broad definition of normative and legal "pluralism", as Gurvitch proposed. That definition, without exclusions and quite inaccurate, has the advantage (as well as the inconvenience) of warranting men of Law as the new "professionals" of certain domains that recently used to be strange to them. To those who question the opportunity of such interventions, it could be answered that in practice they are often effective guarantees against arbitrariness. Therefore, this work presents examples of that recent development within the field of sports Law and the protection of privacy (especially on the Internet). In any case, those new spaces have been conquered by literate people and thus Legal sociologists have no other option than taking an interest in them if they want to be professionally faithful to phenomena within their field.

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