Time and Constitution

Abstract

In the present essay, the author writes a critique of the theory that imposes the Kant/Newton conception of time to legal science: normativism. Hans Kelsen, considered a neo-kantianian employes that notion of time and space through the notion of sphere of validity. Saussure extends the possibilities of the neo-kantianan sense. Today, nevertheless, the principal problem is that the kelsenian-saussurean notion of time and space cannot be accepted without restrictions. All of this, because in a globalized world, society is inserted in another form of society. In these conditions, then, it becomes necessary to procure that which some call “the bridge of mutation”, and to think a time in order to point some different places for the observation of Law’s evolution during its insertion in the idea os “Social Time”. Time is, therefore, social and the constitution is one of the evolutive conquests of this temporal organization of Law.