Abstract

SANTOS, Maria Celeste Cordeiro Leite dos  and  ARAUJO, Marilene. DIALOGUE WITH FRANÇOIS OST: IURISFICTIO. Revista Internacional CONSINTER de Direito [online]. 2023, n.16, pp.95-108.  Epub Dec 01, 2023. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00016.02.

The possible intersections between Law and Literature is the object of a vast exploratory field for the Philosophy of Law. In the United States, the current law and literature is well established and the discipline is widespread in most law schools. François Ost brought contributions to the world of civil law in the field of law and literature, especially jurisfictio. Jurisfictio is a fiction capable of mobilizing legal consciousness on the path of creative utopia. The codification of reality by law would not survive without literature, which liberates the possible. Presenting the jurisfictio as a way of thinking about Law is the object of this article. The hypothesis is that the possibility of cognition of fiction is in its imaginative world, and at the intersection with literature, the law apprehends the forms of fiction. The methodology used is a hybrid, descriptive-bibliographic-explanatory, with the application of the Aristotelian Topic for constant questioning. As a result, the intersections between law and literature are articulated in common and divergent points, concluding that in the differences and divergences between literature and law, the Law looks at itself, in the mirror.

Keywords : Right; Literature; Jurisfictio..

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