O DESUSO DOS CONCEITOS DE NATUREZA E NATUREZA HUMANA COMO CRITÉRIO PARA UMA AVALIAÇÃO DO ESTADO ATUAL DA PESQUISA JURÍDICA E DA CIÊNCIA DO DIREITO

Abstract

The analysis of the current state of legal research is hampered by the existence of different research paradigms. Works informed by divergent paradigms can hardly be subjected to common analysis criteria, and it is a requirement of reasonableness to understand that each individual work deserves to be judged according to its own assumptions. For this reason, the current paper adopts the via negativa or apophatic strategy, which is the analysis of elements that are typically missing rather than existing qualities shared by various scientific publications. The extent of the paper determines an examination the absence of two concepts considered essential and, for that reason, used throughout the history of ethical, political, and legal thought: nature and human nature. The relevance of the two concepts is demonstrated by examining their role in the history of ideas. The relevance of the two concepts is demonstrated by examining their role in the history of ideas, after which it is possible to criticize the general character of current academic production and the current state of legal science.