Pub Date : 1900-01-01DOI: 10.5935/2448-0517.20190032
F. Duarte, Rafael Mario Iorio Filho
As part of our research interest, applying the semiolinguistic methodology of discourse analysis and the method of comparison by difference, the latter borrowed from Antropology, we aim to provide a description of native and /or theoretical categories of the Brazilian legal culture in contrast with American legal culture, in order illuminate the idea that legal systems cannot be translated or verted straightforwardly as if it were a mere lexicon translation challenge. There is much more about it that relates to meaning and understanding that surpass the linguistic problem. That is what we intend to convey with our effort. On this presentation we will describe the Brazilian system whereas our colleague Prof. Ritchie will deal with the US model. So, the goal of both presentations is to discuss the different approach to judicial deference in Brazil ́s and the United State’s legal systems – here considered as a cultural endeavor taken by each country’s Supreme Court.
{"title":"Seção Especial (P.316-316):JUDICIAL DEFERENCE IN BRAZIL AND IN THE UNITED STATES OF\u0000 AMERICA: A comparative overview","authors":"F. Duarte, Rafael Mario Iorio Filho","doi":"10.5935/2448-0517.20190032","DOIUrl":"https://doi.org/10.5935/2448-0517.20190032","url":null,"abstract":"As part of our research interest, applying the semiolinguistic methodology of discourse analysis and the method of comparison by difference, the latter borrowed from Antropology, we aim to provide a description of native and /or theoretical categories of the Brazilian legal culture in contrast with American legal culture, in order illuminate the idea that legal systems cannot be translated or verted straightforwardly as if it were a mere lexicon translation challenge. There is much more about it that relates to meaning and understanding that surpass the linguistic problem. That is what we intend to convey with our effort. On this presentation we will describe the Brazilian system whereas our colleague Prof. Ritchie will deal with the US model. So, the goal of both presentations is to discuss the different approach to judicial deference in Brazil ́s and the United State’s legal systems – here considered as a cultural endeavor taken by each country’s Supreme Court.","PeriodicalId":325417,"journal":{"name":"Revista Juris Poiesis","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132458040","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}