Abstract
The text draws a relationship between normative reconstruction, taken from Hegel’s thought and survival of forms (Nachleben), elaborated by Aby Warburg, to show how the foundations of law remain subject to thought forms of jusnaturalist and positivist foundations. The analysis goes through a perspective of approximation between law and art. In critical analysis, taking into account the Brazilian social and legal reality, is elaborated the diagnosis of the returns of the forms of foundation in the law and the way in which they act to obstruct the intersubjective leap that can keep open the possibility of extension of rights.
Keyword:
Survival of Forms; Thought Forms; Foundations of Law