MULTIDISCIPLINARITY & LAW

1. The skill - of (i) solve problems never faced before, and (ii) of provide new solutions to old problems - is a necessity not only of the global market, but, basically, it is a necessity of the human being development.

But what is it needed to have these skills? What kind of professional is able to provide new solutions to old issues and solve new problems, which ones, naturally, are more and more complex over the time and the globalization process?

The first thing which we think is that this kind of professional is an expert, basically, because (i) he knows, in a deep way, the concepts of a specific area of the human knowledge, which, by growing up in a geometrical proportion, demands investment of time; and, consequently, because (ii) by this knowledge, the expert can connect the concepts and take business decisions - aiming a new solution to an old problem or the solution of a problem never faced before - faster than the person that need learn, for the first time, the concepts of a specific area. Nemo Nascitur Artifex (no one born with knowledge of an art).

2. Nevertheless, the extreme expertise can be blind. And when this happens? When the expert don't understands that there is a mutual relation between the different areas of the human knowledge. When the expert don't understand that one area of knowledge can modify another area.

On the contemporaneous world, more and more are needed professionals that can understand two or more areas and the specialties inside these areas; are needed professionals whose can establish new multidimensional concepts, or the understanding of the facts by as many sides as possible.

2.1. Let's take simple examples. First, an example related to different areas inside the Law Area. After, an example related to different areas of the human knowledge.

2.1.1. In advocacy, is not difficult observe, according to the extreme fragmentation between the different technique of Law (which has its genesis at the own pedagogic of legal education), that most professionals have difficulty to realizes the effects that their own actions, in a specific area of expertise, generates on other areas.

An operation of corporate reestructuring, for example, will be more efficient e more secure according with the degree of knowledge in Tax Law which has the Corporate Lawyer who structured the operation. But this degree of knowledge depends, previously, of knowledge of how the areas of Law are related between them, what are the connection points, what are its foundations.

2.2.2. The Contractual Theory of the Political Philosophy is the other example. The concepts of representation, collective entity, checks and balances and sovereign power, that are concepts of the Contractual Theory, are powerful instruments to work with Corporate Law, respectively, to work with the issues of pierce the corporate veil, intra-corporate conflicts, governance corporate and control power.

2.2.3. The Theory of Rational Choice and the Game Theory, additionally, are examples of good instruments to be acquired for negotiation, which is the soul of the lawyer, individual who works with the skill to convince.

3. The professional which is capable to give new solutions to old problems and solve new problems, is not just a legal specialist, but, before, is a person which has a solid formation on Theory of Law and others fundamental areas of the human knowledge, such as Economics, Logic and Philosophy.

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RDC 07.18.2008 – actualized at 04.04.2009, 04.07.2009 and 07.31.2009