Forma educação e forma direito: a especificidade da relação concreta conformadora do momento educacional nas relações sociais

Abstract

The object of our study is the form of education in its relation to the right form. The methodology used is the analysis of social forms through the historical materialist dialectic of Karl Marx. We are not interested in taking the forms of education and law as generic, abstract, idealistic, and immutable expressions, but that which is specifically derived from the present mode of production, its unfolding and finishing in capitalist society. Education and law how and while forms. The education form and the right form, approximate and distinct, of the other social interactions, as well as of the other. And for that: the philosophy of the concepts of the form education and the right form. In order to understand the theory of social forms it is necessary to cross the debate of historical materialism. In this way, the exposition of education and law as a specific moment of general sociability accompanies the debate of social totality composed of forms that are both approximate and distinct. Because they are components of all forms, they dialogue with each other without losing themselves as uniforms. That is why forms can be discernible when they are realized in the totality, reflecting themselves as components of something greater, that organizes them and allows them fruition. It follows that the totality of the social being is greater than the sum of its parts. The forms are distinguishable by being examined by the methodological view of the contraposition. The form reflects the whole into parts, ensuring that it is a specific moment of something more complex and multiply shaped. In the interaction of these complexes, always under the dictates of the forces of production, certain forms approximate one to another more than the medium. Our research interests the proximity between the forms of education and law, both because education is externalized in the form of a law, and the educational debate, in our political reality, is located very much in the institutional political scope. And the peak of this suffocation caused to education by law is expressed in the proposals for intervention, or capture of education by the political agenda of the dominant social economic forces, which carry the debate of education from the pedagogical area to the authority of the alleged neutrality of the law. Under this domain, education begins to respond in an official way to the interests of the pedagogical science debate, assuming subordination to the dictates of imposed legality. The sum of the lawful and illicit of the law covers education and shapes it in a way to exhaust the more accurate methodological debate, leaving as a structure of mechanistic education mediation between the supposedly legal and pertinent, regulated by law and normativity, and the subjective, using punishment as the imprisonment of criticism for intellectual development. The terminology 'school without party' is only its latest manifestation. Instead of criticizing it directly we point out the fundamentals that allow the strength of such proposals and their propagation. We thus move the debate to the stage of real overcoming of the problematic, which is - the end of the right form as a presupposition of the end of the constriction of legality over education form.