A crítica jurídica da técnica: apologética e sincretismo nos principais journals de direito e tecnologia

Abstract

The present work aims to determine the dominant position within the legal debate on the technique, based on the concepts of direct apologetics and irrationalism presented by Marx and Lukács. For this reason, we presented the conceptions of direct and indirect apologetics from bourgeoisie’s ideological decadence. In the second chapter, we first dedicated ourselves to the construction of a materialist critique of technique, and then to discuss part of the work of four classical irrationalist authors who criticize technique. Finally, in the last chapter we will analyze 16 articles taken from journals dealing exclusively with the subject of law and technology, presenting our conclusions about the dominant position in the legal debate about the technique as being a direct and syncretic apologetics with specificities, close to Stuart Mill’s thought.