Abstract

LORENZI, Dilnei  and  VULCANIS, Andréa. SYSTEMIC LAW: A NEW RIGHT FOR A NEW VISION OF LIFE. Revista Internacional CONSINTER de Direito [online]. 2019, n.8, pp.19-38.  Epub June 28, 2019. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00008.01.

The present work aims to propose a new approach to law, from the incorporation of systemic thinking to legal science, in order to foster the development of a legal theory based on the holistic perspective, grounded in the classic evolution of Western legal philosophy and in the studies carried out by the philosopher Bert Hellinger. Hellinger observes the existence of an interconnectivity between individuals that presents in the familiar, organizational and social systems, similar to what is observed in the living systems and developed, from this observation, a set of systemic laws, or orders, that govern the human relationships. These laws or human systemic orders are not generally considered in the processes of normalization or resolution of disputes, since the law has the individual as the central element of the legal structure. It proposes, therefore, the incorporation of systemic thinking in the formulation of legal science, aiming at the construction of an effective social peace that promotes the restoration of social relations and the balance of the whole system. The idea is to incorporate a conception of justice that aims to confer on each one what is his own, but also to observe, within the context of systemic thinking, a justice that is present within systems in which it is necessary to confer, within the scope of each system, to each one what is ours as a collectivity.

Keywords : Systemic law; Systemic theory; Evolution of human systems; Conflict resolution and mediation; Justice and social peace.

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