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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.gffffffff
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 ffffffffffffffffffffffffffffff
fffffffffffffffffffffffffffffffffffffff
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).

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