Narrativa do direito e o direito como narrativa em Hannah Arendt: resistência e validade

Abstract

The thesis proposes to review, firstly, the historiographical and legal elements and its historicities elaborated in the work of Hannah Arendt, taking into account that the author refers to these elements mainly by notions of permanence and stability. Continuously considering the events that led to the end and break of tradition and its political and theoretical consequences, the revolutionary events of the 19th century (notably the American Revolution) are examined as examples for the constitution of law promoted by new beginnings to finally propose a discussion on validity and civil disobedience through narrative understanding and judgment. Thus, if the rationality of the judgment refers to the discussion about the past, as Arendt reminds us, the analyzes on historiography carried out by the author are important in the preparatory sense of what she would later proceed in theoretical terms regarding the “most political” of spiritual activities, the activity of judging. Parallel to Arendt's question about whether politics still has any meaning, it asks about the meaning of law after the end of tradition. Precisely, the resistance arising from the emergency contexts and the bearer of judging reflexivity would establish ethical-political actions at the same time as it would express a certain criterion of validity of the law through the historical narrative.