What Kind of Future for Public Law is being Prepared Today?
Maria Da Glória Garcia
2010/ Vol. 22, No. 1, (75)
Digital edition
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What Kind of Future for Public Law is being Prepared Today?

Maria da Glória Garcia

Law Faculty, University of Lisbon and Portuguese Catholic University


This paper is a reflection on the future of public law which, as we all know, is be­ing prepared today. It begins with recent research in the field of cognitive psychol­ogy, coming to the conclusion that human beings have perfected, in the course of history, their intellectual capacities in what concerns memory and the understand­ing of the past but have not trained the capacities of forecasting, of working with probabilities, of predicting the future and the consequences of phenomena in their syn­ergies. With that in mind, we can better understand the reason why societies have difficulties in managing the increased risks they are facing, as well as in deal­ing with terrorism and with the uncertainty that surrounds the evolution of the en­vi­ronment and of economic and financial reality. With that in mind, we can also understand the reason why the traditional political powers find it hard to use the es­tab­lished law instruments. The paper addresses the issue of a new beginning for pub­lic law and the ongoing silent political revolution aimed at finding ways in which to live in freedom and equality with the guarantee of the sustainability of de­vel­opment in a global society: to reinvent the political decision process, to find new dimensions in the exercise of power in society (governance) guided by com­munal ethics in a multilevel citizenship..., to reconstruct the rule of law and the pub­­lic policies state.

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