CRITICISM OF LEGAL POSITIVISM IN 20TH CENTURY LEGAL EDUCATION

Abstract

The main theme of this article is the analysis of the epistemological perspective prevailing in Brazilian legal education during much of the 20th century, legal positivism, and its impact on legal education during that period. In some aspects, the text also contains analyses, albeit superficial, of legal research and the then-current model of legal knowledge production. The work also contains, albeit to a lesser extent, an analysis of legal idealism during that same period. The main objective of the work is to present the main criticisms formulated about the epistemological influence of legal positivism, as well as the consequences it brought to legal education in the historical period in question. Although it is not the main objective, these issues were also, in part, analyzed in relation to legal idealism. The text was written based on interdisciplinary bibliographical research, taking the form of a literature review, and its text is divided into five sections, considering the introduction and the conclusion.