The law in Palomar’s point of vie

Abstract

In this article the concerns about the legal universe and the need for a greater approximation with Literature are focused. In order to do so, the first assumption is that Law is a form of human language and creation and that, to better understand it, there must be an interface with fiction. The paper begins with an incursion into the novel Palomar, by Italo Calvino, more specifically with the third part of the work, “The silence of Palomar” and “The voyages of Palomar”. It then ventures into the Poetic Theory of Law, for which is used as a backdrop the book The Poetic Theory of Law by Willis Santiago Guerra Filho. The main objective of this study is to analyze the application of this theory in Palomar, seeking to contemplate the different lenses with which one can exercise the activity of looking, perceiving, positioning oneself at different angles to seek the vision of the whole – although understanding the impossibility of its total apprehension, especially in the juridical field –, in a perspective of transforming the paradigm from the philosophy of conscience to the philosophy of language. The research carried out, in relation to the objective, is dialectical; and the method used, phenomenological-hermeneutic, through a deductive and bibliographic approach.