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  • 2016

  • Mendonca Mendes, Eliana Amarante de (2016): ON DECORUM. FROM THE CLASSICS TO POSTMODERNITY. In: QUAESTIO IURIS 9 (3)

    Abstract: Considering that the observance of decorum is important to assure good human relationships, especially in the public sphere, and, also, that episodes of breach of decorum are recurrent in Brazilian public life, I propose to recover this classical concept, since its re-evaluation is opportune and urgent. I present therefore a historical revision of the concept of decorum starting from the classics and find that, although this concept has undergone changes, its fundamental aspect, the intimate connection with ethics, has been maintained until the present day. Evidence that this classical concept still survives is the existence, in many countries, of “codes of ethics and decorum” of legislative, judicial and other organs. I find, however, that this concept is sensitive to culture, which is proven in the contrastive analysis of a sample of episodes of the violation of decorum by judges of the American Supreme Court and of the Brazilian Supreme Court. I found that, although violations of Americans are less severe than Brazilians, the reactions of the media and American citizens are much more energetic, because decorum for the Americans is a value that they hold dear, while in Brazil it is a dead letter, lacking be ressurected. I also present some reflections on the arrogance of those who hold power, an attitude to which I attribute the cause of many occurrences of the breach of decorum nowadays.

    Keywords: Brasilien, Breach of decorum, decorum, Decorum in der Öffentlichkeit, Ethik, Fehlverhalten, Gericht, Grenzen, Grenzüberschreitung, Judikative, Kommunikation, Kultur, Kulturvergleich, Macht, Medien, Medienwirksamkeit, Öffentliche, diskursive Aushandlung von Anstand, Öffentlicher Diskurs, Rechtswissenschaft, Rhetorik, Richter, Soziale Angemessenheit, Umgangsformen, USA, Werte
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