Direito, verdade e senso comum: por uma teoria realista do conhecimento jurídico

Abstract

The aim of this work is to present common sense as a fundamental category of knowledge and as an epistemological criterion of legal thinking. We start by presenting some of the key meanings that the expression "common sense" has assumed in the history of philosophy, and then delineates the fundamental notes of a concept that recognizes the alethic value of common sense, in accordance with the investigation of the Italian philosopher Antonio Livi. We analyse, then, from the same philosophical context, the structure of legal knowledge, seeking to discern its formal object and its own purpose. Finally, we examine how – and to what extent – the common sense thus conceived can offer an adequate epistemic foundation to legal knowledge