Tag: philosophy

The PROBLEM OF The LAW JOUST

This exactly country if moves away from its primary ideology, restoring a doubt on the effective operational system, what it is not very different of our reality, the Brazilian judiciary system, carries through walked its for the abyss. This way all delay the processes complete nothing more nothing less of what approximately ten years of judicial movement, for the presentation of a solution with regard to the presented demand. With this we are far from knowing the efficiency legal, and as sympathetical of the philosophy we must search an agreement on what it is really to be ‘ ‘ justo’ ‘ in all its directions, since the ability and attributions of the state that must co-ordinate and improve its judicial system. As well as later we must search the agreement on the true one felt of justice when carrying through the facts of ours relation human being always stops with the world having visualizing the natural balance of all the things, without proceeding with judgments and decisions insensatas.

Ahead of all the argument and possible questioning, let us make us it boarding on the PROBLEM OF the LAW JOUST. The RIGHT IN ITS PRECISE MEANING Initially, before if saying of the subject justice, must be boarded the right in its precise meaning, that is, to speak of justice without mentioning the right, is at least disproportionate of form that the right in its real direction is propeller of the meaning of justice, therefore the right uses in its totality the justice concept. To understand the note carried through, let us make the following example, in an independent society of its creed, social aspect or cultural, this society will be emanated by normative, moral regiments and social, let us say that in one definitive case, two people argue the determined right of property of one local one, this society by means of its jurisdictional agent, that is, the judge will have to bring has both the solution of the attrition demanded in process, at this moment appears the knowledge of its right, each involved agent in the conflict must know its rights and obligations.

Relations Property

The vices, the preferences, the vanity, had fomented the inaquality in a way such that if becomes impossible to retrocede, and this inaquality, born of the property and the ilusria necessity of the other, was, same it, now necessary; it was as if it was essential to differentiate themselves, to overlap themselves, to dominate, to serve. Also, in accord with the sprouting of the property, the first rules of justice are born so that the property was preserved. But it was not this legislation, still precarious, that made of the men bad beings, but the relations of happened domination and servitude of the property idea. When the man thought that he could enslave another one for not considering it equal or inferior admitiz it, when thought that he had on the other the power of its life and of its good it became ambitious and bad. The now effective right vacilava enters the law of strongest and of sliest and gave edge to all species of dispute, ' ' To the rising society a terrible state was followed of war; the human, lowered and desolate sort, already not being able to behind come back nor to resign to the unhappy acquisitions that make and working only toward its shame, for the abuse of the facultieses dignify that it, exactly placed itself to the doors of its runa.' ' 10 While it exempts, but already being enslaved of its good, fought to defend its life, and while in service Sir fought to defend its, but always he fought, because he could not have security he covets where it was greater that the mercy; the war, now installed, still more attenuated the relations of domination and servitude. Joining itself to be protected, the men if they had better grouped under gide of a leader and when accepting its designs had believed to assure the freedom, yielding a part not to lose all, ' ' as a wounded orders to cut the arm to save the remaining portion of corpo' '.

Culture

On the other hand, not isolacionismo is a trend found in all the societies until today known. The news of contacts between the peoples are imemorveis. (Mello – 1987) Mello reaffirms that the cultural diffusion cannot have without has a contact, however the acceptance and the assimilation of the elements that the culture of the other composes are excellent the will of the individual, being able it to adopt or not them had cultural aspects in question. As Lowie exists the diffusion center, that serves to identify the points of origin of determined cultural trace, however the complexity occurs in demonstrating to the aiming of one definitive trace, which had to this the anthropologists searchs to demonstrate these phenomena of separate form: The Phenomenon of Parallelism and the Process of Aculturao. The Phenomenon of Parallelism mentions on inventions or inventos to it the related or parallel cultural groups, this process searchs to explain the origin of popular expressions, dictated and sayings, through research on the verbal traditions, however the complexity takes in them to a study directed toward history of one determined culture, the example the Brazilian culture –, that in its formation culture it received the influence from some cultural groups, Portuguese, French, Italian, African such as and this if prove in some sectors of the Brazilian culture, however they are in the popular expressions where the most diverse doubts regarding the point appear of origin, let us see some examples: – Children created, folded works (he also corresponds the Spaniard and Italians); – Nothing as one day after the other (he has correspondent in the Spaniard); – I discovered a saint for I covered another one (corresponding in the Frenchman); As we saw through the examples above cited the diffusion process demonstrates to some complexities in what disrespect the similarities between cultures, however this process obeys a dynamics that can be explained through a phenomenon that occurs inside of the process of cultural diffusion, in this in case that we mention the Process to it of Aculturao.

The PROBLEM OF The LAW JOUST

This exactly country if moves away from its primary ideology, restoring a doubt on the effective operational system, what it is not very different of our reality, the Brazilian judiciary system, carries through walked its for the abyss. This way all delay the processes complete nothing more nothing less of what approximately ten years of judicial movement, for the presentation of a solution with regard to the presented demand. With this we are far from knowing the efficiency legal, and as sympathetical of the philosophy we must search an agreement on what it is really to be ‘ ‘ justo’ ‘ in all its directions, since the ability and attributions of the state that must co-ordinate and improve its judicial system. As well as later we must search the agreement on the true one felt of justice when carrying through the facts of ours relation human being always stops with the world having visualizing the natural balance of all the things, without proceeding with judgments and decisions insensatas.

Ahead of all the argument and possible questioning, let us make us it boarding on the PROBLEM OF the LAW JOUST. The RIGHT IN ITS PRECISE MEANING Initially, before if saying of the subject justice, must be boarded the right in its precise meaning, that is, to speak of justice without mentioning the right, is at least disproportionate of form that the right in its real direction is propeller of the meaning of justice, therefore the right uses in its totality the justice concept. To understand the note carried through, let us make the following example, in an independent society of its creed, social aspect or cultural, this society will be emanated by normative, moral regiments and social, let us say that in one definitive case, two people argue the determined right of property of one local one, this society by means of its jurisdictional agent, that is, the judge will have to bring has both the solution of the attrition demanded in process, at this moment appears the knowledge of its right, each involved agent in the conflict must know its rights and obligations.