A REDISTRIBUIÇÃO ATRAVÉS DO DIREITO: ALGUMAS DIFICULDADES

Authors

  • Eric Millard Université Paris X.

DOI:

https://doi.org/10.22409/conflu16i2.p396

Abstract

For a discussion over redistribution and rights this article starts from a contingent question in the sensethat the law can serve to redistribute as well as it can reject it, no matter what we mean by redistribution.Assuming law’s instrumental character, we then elaborated some problems over the notion of redistributionin which its ambiguity can be illustrated. This discussion allows us to reverse any determinism,which is one of the important contributions of law’s critical movements. We believe that the questionabout law’s redistributive function of law can be phrased as it follows: if the law produced in a contextof domination can be used to fight against domination, especially within constitutional democracies,can the law of those democracies establish a distribution more consistent with the interests of the dominated?This question opens up to the last moment of our text on the objects of the (re)distribution

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Author Biography

Eric Millard, Université Paris X.

Professor da Université Paris X (França).

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How to Cite

Millard, E. A REDISTRIBUIÇÃO ATRAVÉS DO DIREITO: ALGUMAS DIFICULDADES. Confluências | Interdisciplinary Review of Sociology and Law, 16(2), 22-32. https://doi.org/10.22409/conflu16i2.p396

Issue

Vol. 16 No. 2 (2014): Confluências

Section

Dossiê

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