Resumen

RAMIRO, Caio Henrique Lopes  y  DO RIO, Josué Justino. Critical perspective on the liberal rule of law from Pachukanis and Carl Schmitt. Rev. Fac. Derecho Cienc. Polit. - Univ. Pontif. Bolivar. [online]. 2015, vol.45, n.123, pp.365-399. ISSN 0120-3886.

This paper aims to investigate the "extreme right" or critical perspectives to the rule of law, taking into account the arguments presented by Pachukanis and Carl Schmitt. Therefore, we proceeded to a literature review of texts, and took into account the hermeneutic method of analysis. In this regard, from Pachukanis, it was found that the concept of law, and mankind, passed through constantly changing throughout history. In feudalism, the Right had a close relationship with the Church, the only institution cultured time, which dominated the reading and writing as well as its members were responsible for interpreting and creating law. With the decline of the feudal system together with the development of new modes of sociability with the emergence of the capitalist system, the law has taken new directions, being shaped according to the interests of those who had taken the political and economic power, especially after the fall of absolutism. A new legal conception of the world is born with the consolidation of the capitalist mode of production, as it allows the creation of figures of the legal, law and the state, figures, moreover, inseparable and indispensable to the maintenance of capitalism. In the end that left Carl Schmitt (1888-1985), takes into account their analysis and critique of liberalism of the nineteenth and twentieth centuries, ie, there is a critique of the liberal conception of the parliamentary system consolidated the idea of state right by the concept of political bias.

Palabras clave : Carl Schmitt; criticism to the foundations of legal doctrine; rule of law; Liberalism; Pachukanis.

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