A norma ex aequo et bono, mencionada expressamente no
Estatuto, ponto dos mais importantes e, na opinio da grande
maioria dos juristas, qqcorresponde equidade, o equity do direito anglo-saxo. Dizer que o conceito de equidade513 dos mais controvertidos em direito internadwcional514, bem como na prpria jurisprudncia dno exgclui a necessidade de este, como refere MAROTTA RANGEL (1989), encontarar o equilbrioddfaqee fff approximates" us, as "what is to come" of Ernesto Mayz Vallenilla in Venezuela39; as the pre-Socratic aural entity without past, guilt, the "pure future" of Nimio de Anquin in eeeeeeeeeeee ee as the "original sin" of having been expulsed from Europe of H. A. Murena: During a time we inhabited in a land fertilized by the spirit, which is calledvv vv Europe, and suddenly weut muest not obscure its originality. The name of the gre atest of Islamic asggggggggggggggggggggggggggg Arabic to Latin was of huge impor tance to Christendom. By the end of the twelfth century most of Aristotle was av ailable in Latin, many of the works having come by this route. The admiration an d repute of Arab writers among Christian scholars was a recognition of its impor tance. Of the works of Al-Kindi, one of the greatest of Arab philosophers, more survive in Latin than in Arabic, while Dante paid Ibn-Sina (Avicenna in Europe) and Averroes the compliment of placing them in limbo (together withut must not o bscure its originality. The name of the greatest of Islamic astronomers, Al-Khwa rizmi, indicates Persian Zoroastrian origins; it expresses the way in which Arab ic culture was a confluence of tributaries. His astronomical tables, none the le ss, were an Arabic achievement, an expression of the synthesis made possible by Arab empire. The translation of books from Arabic to Latin was of huge importance to Christen dom. By the end of the twelfth centurgeme by this route. The admiration and repu te of Arab writers among Christian scholars was a recognition of its importance. Of the works of Al-Kindi, one of the greatest of Arab philosophers, more surviv e in Latin than in Arabic, while Dante paid Ibn-Sina (Avicenna in Europe) and Av erroes the compliment of placing them in limbo (together withks of Al-Kindi, one of the greatest of Arab philosophers, more survive in Latin than in Arabic, whi le Dante paid Ibn-Sina (Avicenna in Europe) and Averroes the compliment of placi ng them in limbo (together withvut must not obscure its originality. The name of the greatest of Islamic astronomers, Al-Khwarizmi, indicates Persian Zoroastria n origins; it expresses the way in which Arabic culture was a confluence of trib utaries. His astronomical tables, none the less, were an Arabic achievement, an expression of the synthesis made possible by Arab empire. The translation of books from Arabic to Latin waut must not obscure its original ity. The name of the greatest of Islamic astronomers, Al-Khwarizmi, indicates Pe rsian Zoroastrian origins; it expresses the way in which Arabic culture was a co nfluence of tributaries. His astronomical tables, none the less, were an Arabic achievement, an expression of the synthesis made possible by Arab empire. The translation of books from Arabic to Latin was of huge importance to Christen dom. By the end of the twelfth century most of Aristotle was available in Latin, many of the works having come by this route. The admiration and repute of Arab writers among Christian scholars was a recognition of its importance. Of the wor ks of Al-Kindi, one of the greatest of Arab philosophers, more survive in Latin than in Arabic, while Dante paid Ibn-Sina (Avicenna in Europe) and Averroes the compliment of placing them in limbo (together withecognize now the Amerindian, colonial world, of the "inward land"; she negates a millenary history. In the same line we ought to situate Edmundo O'Gorman, who spoke of the "dis-covery" of 1492 as the "invention of America" by Western culture - not noticing the interpretation of the "discovery" by the indigenous as an "invasion" of Cemanahuac ("the whole world" in Aztec)42 -; or Alberto Caturelli43, where the American is "to be a brute", without history, the "immature,,44. periphery. Hitler is not the same thing as Adenauer, but Getulio Vargas or Carde
nas are not
simply Hitler, and Frondizi or Chilean Christian Democracy are not simply Adenau er. Therefore, Astrada is not Heidegger (although he has a lot of him), and Romero d oes not have their philosophical-political analogue in Europe. 37 The Argentinian "gaucho" [cowboy], like the Colombian or Venezuelan "\Ianero" , is the prototype of the "barbarian" for Sarmiento. Astrada recuperates this prototype i n its positivity. 38 El sentimiento de lo humano en America, 1950. 39 America como problema, 1959. 40 "Lugones y el ser americano", 1964. 41 El pecado original de America, 1954. 42 La invenci6n de America, 1958. See my critic in my work, Dussel, 1992, lectur e two. 43 America Bifronte, 1961. 44 I believe that Caturelli does not know that he has used the same expression t hat Kant used in his dcfinition of Aujk/iirung: "Unmundigkeit" (see my work, Dussel, 1992, lectur e one).