Teorías de la inteligibilidad del discurso. Análisis del impacto de las teorías semánticas en las prácticas jurídicas

Theories of the intelligibility of legal discourse. Analysis of the impact of semantic theories on legal practices

Abstract

The discursive nature of law as a social practice has given rise to harsh questions with special consideration in the field of judicial agency. The adjudicative act has become in recent years an extremely complex operation as a consequence of the expansion of reference frames in which it operates. In this research project we have proposed ourselves as objectives (i) to identify the implications arising from the recognition of the discursive dimension of the legal phenomenon, (ii) to analyze the way in which legislative and adjudicative legal practices are problematized as a consequence of O1 and (iii) Provide a proactive proposal in order to overcome the indicated difficulties, trying to recover determination criteria that allow legal practices to be made intelligible. Finally, as a result of the investigation, some heuristic tools have been collected that would prima facie shed light on the described problem, providing a clear framework to the legal operator.