ABSTRACT

The development of a critical philosophy of legal order should allow people to contemplate and act toward the fulfilment of a new reality. To accomplish this, it is necessary to understand the relation of people's thoughts and actions to the official reality. The positivistic mode of thought begins with the realist assumptions about existence. These assumptions are shared by anyone who has not reflected about the problems of perception and experience. The epistemological assumption of social constructionist thought is that observations are based on one's mental constructions, rather than on the raw apprehension of the physical world. Phenomenological thought departs markedly from positivistic and social constructionist thought in its basic intention. The critical philosophy is one that is radically critical. It is a philosophy that goes to the roots of our lives, to the foundations and the fundamentals, to the essentials of consciousness.