Overview

This book challenges the foundational assumptions of legal theory by tracing the origins of law not to ancient customs or social contracts, but to a historically recent process of positivization. Through a rigorous archaeological and philosophical inquiry, the author redefines the concept of Law, arguing that legal norms are not timeless truths but rhetorical tools shaped by the values of legal communities. Drawing from anthropology, history, and legal philosophy, the book dismantles the myth of customary law among pre-literate societies and critiques the reification of state and legal norms. It proposes a shift in focus—from Law as norm to Law as conflict treatment—and invites readers to reconsider the legitimacy and function of legal systems. The work is intended for scholars and students of legal theory, philosophy of law, and comparative legal traditions. It contributes to ongoing debates about the foundations of legal systems and the historical contingencies that shape how law is understood and practiced today.

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9783032177865

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Fábio Ulhoa Coelho is born in São Paulo, in July 1959. He is lawyer and Full Professor at the Pontifical Catholic University of São Paulo, an institution by which he obtained the titles of Master, Doctor and “Livre-docente” (Postdoc). He is the author of several legal books in the fields of his specialty - Business Law, Private Law and Philosophy of Law – that have been adopted by the vast majority of Brazilian law colleges. He is one of the most prestigious and well-known Brazilian jurists.

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