Pressupostos epistemológicos para a crítica ao diálogo entre Direito e Cinema a partir de Spinoza

Abstract

Several political-pedagogical experiences demonstrate that cinema is a powerful tool for thinking about law in a scenario of crisis in legal education, whether through a merely illustrative and still dogmatic use, or based on critical pretensions that problematize the binary code that is characteristic of the law (licit/illegal) and which destabilize the abstract and universal foundation of the legal. The objective of the present work is, based on a materialist (non-idealist) legal epistemology, and with cinema, to critically think law based on problems and not on what should be: the elusive character of justice, the materiality of the unjust and of the intolerable, the tenuous boundaries between justice and revenge etc., summon new images of thought. To this end, it is necessary to reject some mainstream legal epistemological foundations (its moral foundation, for example) and adopt some materialist epistemological assumptions, such as the one that comprises the possibility of producing knowledge through agency, promoted by cinema, between reason and affections that spring from the body. Starting from the affective dimension of knowledge, we propose to think about such possibilities based on Spinoza, more specifically his conceptual proposals for parallelism between body and mind and equivalence between affective power and intellectual power, and also through definitions that account for the way of production of things and not of abstract universals devoid of any experiential dimension. It is not about proposing a new language based on an epistemological ex nihilo, but rather the construction of new meanings and understandings based on elements already given, even if precarious, that is, a new language constructed with the old grammar of law , already now crossed by new critical meanings that destabilize the certainties produced by the competent discourse of jurists. The methodology will consist of a bibliographical review on the topic with forays into the fields of law, film theory and philosophy, and as a result some important epistemological assumptions are presented to critically think about the dialogue between law and cinema from a minority thinker of modernity