scholarly journals O Papel Atual das Escolas de Direito Ante as Mudanças Sociais e as Exigências Jurídicas do Mundo Pós-Moderno

Author(s):  
Marcus Geandré Nakano Ramiro ◽  
Suelyn Moraes Giordani

O PAPEL ATUAL DAS ESCOLAS DE DIREITO ANTE AS MUDANÇAS SOCIAIS E AS EXIGÊNCIAS JURÍDICAS DO MUNDO PÓS-MODERNO  THE CURRENT ROLE OF THE LAW SCHOOLS IN FRONT OF SOCIAL CHANGES AND THE LEGAL REQUIREMENTS OF THE POSTMODERN WORLD  Marcus Geandré Nakano Ramiro*Suelyn Moraes Giordani**  RESUMO: Este artigo apresenta uma breve análise sobre a educação jurídica no Brasil, destacando as deficiências de suas Escolas de Direito ante as grandes mudanças sociais e as exigências jurídicas atuais. Demonstra ainda a necessidade do desenvolvimento conjunto dos enfoques zetético e dogmático do fenômeno jurídico como caminho para a compreensão do bem comum e consequente colaboração na consolidação do Estado Democrático de Direito. PALAVRAS-CHAVE: Educação Jurídica. Cursos de Direito. Exigências Jurídicas Atuais. Enfoque Zetético. ABSTRACT: This article presents a brief analysis on legal education in Brazil, highlighting the deficiencies of its Law Schools in the face of major social changes and current legal requirements. It also demonstrates the need to jointly develop the zetetic and dogmatic approaches to the juridical phenomenon as a way to understand the common good and consequent collaboration in the consolidation of the Democratic Rule of Law. KEYWORDS: Legal Education. Law Courses. Current Legal Requirements. Zetetic Aproach. SUMÁRIO: Introdução. 1 As Deficiências Atuais das Escolas de Direito Brasileiras. 2 As Mudanças Sociais e as Exigências Jurídicas Atuais. 3 O Enfoque Zetético e Dogmático do Fenômeno Jurídico. 4 A Busca pelo Bem Comum como um dos Pressupostos à Consolidação do Estado Democrático de Direito. Considerações Finais. Referências.* Doutor e Mestre em Filosofia do Direito e do Estado pela Pontifícia Universidade Católica de São Paulo (PUC-SP). Professor e Coordenador do Curso de Direito da Pontifícia Universidade Católica do Paraná (PUC-PR), campus Maringá. Conselheiro e Presidente da Comissão de Educação Jurídica da Subseção Maringá da Ordem dos Advogados do Brasil (OAB/PR).** Bacharel em Direito pela Pontifícia Universidade Católica do Paraná (PUC-PR). 

2017 ◽  
pp. 98-134 ◽  
Author(s):  
J. Tirole

In the fourth chapter of the book “The economy of the common good”, the nature of economics as a science and research practices in their theoretical and empirical aspects are discussed. The author considers the processes of modeling, empirical verification of models and evaluation of research quality. In addition, the features of economic cognition and the role of mathematics in economic research are analyzed, including the example of relevant research in game theory and information theory.


Author(s):  
S.J. Matthew Carnes

The transformation of political science in recent decades opens the door for a new but so far poorly cultivated examination of the common good. Four significant “turns” characterize the modern study of politics and government. Each is rooted in the discipline’s increased emphasis on empirical rigor, with its attendant scientific theory-building, measurement, and hypothesis testing. Together, these new orientations allow political science to enrich our understanding of causality, our basic definitions of the common good, and our view of human nature and society. In particular, the chapter suggests that traditional descriptions of the common good in Catholic theology have been overly irenic and not sufficiently appreciative of the role of contention in daily life, on both a national and international scale.


Author(s):  
Michał Strzelecki

The contemporary state crisis is a derivative of complex economic and social processes. His indicators include not only the visible increase in the intensity of political conflicts (both on a micro and macro scale), the revival and development of separatist tendencies, and the weakening of the role of the state as the basic instrument of organizing collective life. It is also increasing fragmentation of the political scene, the development of particularisms, weakening and progressive dysfunctionality of existing political institutions, increasing economic rivalry and the collapse of the generally accepted axiological system, which is accompanied by increasingly clear questioning of the idea of the common good and progressing pragmatism and egoism. An important element is therefore the disappearance of civic awareness and activity. The intensification of these disturbing tendencies is certainly not supported by the modern education system, whose hallmarks are commercialization and economization, withdrawal of the state and professionalization.


2018 ◽  
Vol 5 (3) ◽  
pp. 4-39 ◽  
Author(s):  
O. Vinnichenko ◽  
E. Gladun

Legal education in the contemporary world is changing. The main influences are linked to developments in transportation and communication and the enmeshing of diverse economies embraced by globalization. Law schools confront more mobile and more ambitious students who wish to experience different jurisdictional practices, to serve the increasingly global business community and to be more competitive. This research examines the modifications required in legal education as a result of globalization with specific reference to law schools in the BRICS countries of Brazil, Russia, India and China.Research on higher education, and legal education in particular, has been growing in recent years, yet there is still a gap in the study and comparison of the specifics of legal education within the BRICS countries. This research makes an attempt to analyze and contrast the current goals, objectives, structure and quality of higher legal education in Brazil, Russia, India and China. The specifics of law schools have been studied over the past twenty years in correlation with economic, cultural and education trends in BRICS and globally.Based on research literature, practitioner literature and legislative sources, this paper outlines common and special features of lawyer training in BRICS. The prime similarity of the legal education systems in BRICS are global education trends and the influence of the U.S. and UK education systems. Each BRICS country experienced an “explosion” in the popularity of legal education and, consequently, the urgent need to reform the education process in order to attain better quality and affordability. The result of these reforms, taking place in each country from 1950 to today, has become the growing differentiator of the educational institutions, turning them into “elite” and “mass” law schools.The facets of legal education in Brazil, Russia, India and China are attributed to their national policies as well as the historical development of the educational institutions and their perception of what specific lawyer skills and competencies are demanded by the legal market and national population. We conclude that the structure and quality of legal education as well as the requirements and monitoring tools vary in each country. These are dependent on several factors: the specific country’s ideology, its economic development, its proximity to an “Eastern” or “Western” model, its ability to learn from foreign education systems and its attempts at self-identification in the global educational space.


2014 ◽  
Vol 35 (3) ◽  
Author(s):  
Anita Cloete

The main objective of the article is to identify the possible implications of social cohesion and social capital for the common good. In order to reach this overarching aim the following structure will be utilised. The first part explores the conceptual understanding of socialcohesion and social capital in order to establish how these concepts are related and how they could possibly inform each other. The contextual nature of social cohesion and social capital is briefly reflected upon, with specific reference to the South African context. The contribution of religious capital in the formation of social capital is explored in the last section of the article. The article could be viewed as mainly conceptual and explorative in nature in order to draw some conclusions about the common good of social capital and social cohesion.Intradisciplinary and/or interdisciplinary implications: This article contributes to the interdisciplinary discourse on social cohesion with specific reference to the role of congregations. It provides a critical reflection on the role of congregations with regard to bonding and bridging social capital. The contextual nature of social cohesion is also addressed with specific reference to South Africa.


2017 ◽  
Vol 48 (2) ◽  
pp. 225
Author(s):  
Lorne Sossin

Legal education is in the midst of a range of challenges and disruptions. This address outlines these dynamics, and explores the potential of social innovation as a model for law schools which both responds to current challenges and enhances resilience in the face of disruption. By reframing legal education as facing outward, and advancing its public interest mandate through partnerships, collaboration and academic initiatives designed to solve social problems, law schools can enhance the student learning experience, generate new forms of legal knowledge and thrive at a time of rapid change. Address delivered at the Australian Law Teachers Association (ALTA) 2016 Conference in Wellington on 8 July 2016.


Author(s):  
Leonor Taiano

Este estudio examina la manera cómo Carlos de Sigüenza y Góngora describe el binomio fiesta-revuelta en Alboroto y motín de indios de México. La investigación está estructurada en cinco partes. La primera toma como punto de partida el concepto de polis y los órdenes que rigen el bien común. La segunda alude a la percepción del fasto desde las diferentes perspectivas de los miembros de la polis novohispana. La tercera parte analiza la importancia del letrado en la organización virreinal. En la cuarta parte se examina el papel activo de las indias en la organización y desarrollo de la revuelta. Finalmente, en la quinta parte, propongo la existencia de una conciencia colectiva plebeya en el virreinato de Nueva España. A través de este análisis se llega a conclusión de que el motín de 1692 presenta las características propias de las revueltas que tuvieron lugar en los territorios españoles a lo largo del siglo XVII, en los cuales, durante el momento festivo, surgía una acción contestataria que trataba de imponer la isonomía en la polis This research analyses how Carlos de Sigüenza and Góngora describes the dichotomy of festivity-revolt in Alboroto y motín de Indios de México. This study is structured in five parts. The first one takes as its starting point the concept of polis and the regulations for the common good. The second one alludes to the Spanish splendor produced in the different members of Novohispanic polis. The third part analyses the letrado’s function within the viceregal organization. The fourth part examines the active role of Female Indigenous in the revolt’s organization and development. Finally, in the fifth part, I propose the existence of a Plebeian collective consciousness within the viceroyalty of New Spain. Through this analysis, the study concludes that the revolt that took place In 1692 has all the characteristics of the revolts that happened in the Spanish territories throughout the 17th century, in which, during a celebratory event, there could arise insurrectionary actions to impose the isonomia in the polis.


Author(s):  
Marcelo Sánchez Sorondo

Migration is a shared condition of all humanity. We have all been strangers in a strange land. All humanity lives today as a result of migration, by themselves or their ancestors. Migration is a matter sometimes of choice, often of need, and always an inalienable right. All helpless people deserve to be helped. Offering such help is a commandment and a blessing shared among all religions. Accordingly, as Pope Francis reminds us, our duties to migrants include “to welcome”, “to protect”, “to promote”, and “to integrate.” National borders are not a result of primary natural law, as aren’t private property and clothes, “because nature did not give [humans] clothes, but art invented them”. National borders depend on social, political and geographical factors. Therefore, faced with current waves of mass migration, in order to establish practices that respond to the common good we need to be guided by three levels of responsibility. The first principle being that “in case of need all things are common”, because “every man is my brother”. This principle is relative to existence or subsistence and conditions other related issues (such as accommodation, food, housing, security, etc.). Secondly, as part of the fundamental rights of people, legal guarantees of primary rights that foster an “organic participation” in the economic and social life of the nation. Access to these economic and social goods, including education and employment, will allow people to develop their own abilities. Thirdly, a deeper sense of integration, reflecting responsibilities related to protecting, examining and developing the values that underpin the deep, stable, unity of a society— and, more fundamentally, create a horizon of public peace, understood as St. Augustine’s "tranquility in order". In particular, with regards to the aforementioned context, policies on migration should be guided by prudence, but prudence must never mean exclusion. On the contrary, governments should evaluate, “with wisdom and foresight, the extent to which their country is in a position, without prejudice to the common good of citizens, to offer a decent life to migrants, especially those truly in need of protection. Strangely enough, the response of most governments in the face of this phenomenon only seems to value the third principle, completely disregarding the first two.


2021 ◽  
pp. 155-181
Author(s):  
Deborah L. Rhode

This chapter explores the challenges for families and schools in channeling ambitions in more productive directions. Today’s adolescents confront a world of growing pressures, which are also increasing mental health challenges. Parents’ vicarious ambitions can compound the problems if they push children to focus too much on extrinsic markers of success at the expense of intrinsic motivations to learn and ethical values. Both schools and families should help students to develop persistence, resilience, a strong moral compass, and commitment to the common good. Opportunities for service learning, internships and mentorships can encourage constructive ambitions. So too, parents and colleges must better control the preoccupation with prestige that has hijacked admission processes and encouraged gaming the system. Educators should also modify admission criteria such as legacy, donor, and athletic preferences that advantage already advantaged applicants.


2020 ◽  
Vol 85 (2) ◽  
pp. 145-168
Author(s):  
David Thang Moe

This article explores old issues and current challenges from new perspectives. It offers explorations of the role of the Trinity in interreligious dialogue and the roles of interreligions in Asian contemporary theology. It proposes some methodological concepts of how Christians should reconsider people of other faiths through the lens of the Trinity, and also how Christians should witness to shalom against sin in engagement with other faiths for the common good of social, gender and ecological liberation in Asia.


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