FROM POST-POSITIVISM TO TRANSNATIONAL LAW:
PARADOXES WITH THE LEGAL SYSTEM PROPOSED BY LUIGI FERRAJOLI
DOI:
https://doi.org/10.14295/revistadaesmesc.2025e456Keywords:
Post-positivism, neoconstitutionalism, globalization, postmodernity, transnational law, constitutionalism beyond the stateAbstract
The objective of this article is to present the theoretical historical bases that led to the emergence of the theories of law referred to as post-positivists or neo-constitutionalists, which aim to overcome the paradigms that informed law until the Second World War, namely, legal positivism. In addition, to demonstrate how the emergence of Transnational Law in the context of a globalized society, within the scope of a postmodern era, can influence the bases on which a legal system should be based. As well as to present, in the face of the globalized scenario, alternatives for the future of constitutionalism in the world, according to the legal philosopher Luigi Ferrajoli.
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