Between lived law and taught law

Before pandemia, a refusal to the logic of modernity

Abstract

Under the prism of Modernity, there is a gap between the Law that is lived and what is taught. This statement is valid for several notions and knowledge disciplines that, fragmented, atomized, specialized and elite, are transmitted vertically from those who teach to those who learn. This rationality applied to law is based on two hegemonic paradigms, normally understood in opposition: on the one hand, the jusnaturalist paradigm, of natural, ideal, metaphysical Law and, on the other, the logic of positive instrumental Law. Thus, the distance between the Law taught, based on the modern notions of Society, Nation and State, and the Law lived, increases. The global pandemic of COVID-19 further widened this gap, accentuating the ineffectiveness of the regulatory mechanisms from which authorities, at national and international level, seek to control society and the behavior of individuals. The state monopoly on the rules governing conduct was achieved by the new coronavirus, and society found itself adrift amid chaotic circumstances. The pre-pandemic Brazilian political scenario, marked by the resurgence of conservative and reactionary positions, contributed to the worsening of the situation. The purpose of this study is, based on the renunciation of the logic of Modernity, point questions that encourage a critical view of the law, located in current and concrete dilemmas, such as COVID-19.