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The form of Transnational Law1 1 Work produced from the Center for Studies on Law and Transnationality (UNIVALI/ CNPq) in dialogue with the Max Planck Institute of Comparative Public Law and International Law (Germany).

A forma do Direito Transnacional

Abstract

This article aims to advance on the form of Transnational Law, starting from Aristotelian philosophical assumptions until its confluence with the manifestations of Transnational Law. Thus, Aristotle’s support stems from the premise that, even in a space deeply marked by material aspects, the form stands out and functions as a vicar for another substance, being, therefore, an important finding for the theoretical development of Transnational Law and its normative sources. The present research is justified mainly for two reasons: the scientific and practical relevance that Transnational Law assumes contemporaneously, and, on the other hand, the existing gap regarding its form, whose consequences focus on denial or skeptical positions, as well as, in the confusion between analysis of social facts and Transnational Law, which impacts on the construction of standards on the sources of Transnational Law. For the development of this research, the inductive method was used, operationalized by the techniques of operational concept and bibliographic research.

Keywords:
Form of Transnational Law; Law’s Theory; Transnational Law; Law’s Philosophy

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