Comprender o interpretar el Derecho: El convencionalismo semántico en su laberinto
This work analyses the inner structure and the logical conditions of “understand-ing” in the field of Law, taking for reference Andrei ́s Marmor proposal. The analysis leads to the thesis of the necessary connection between comprehension and semantic realism. Standing upon this thesis, I argue that,...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8338977 |
| Source: | Revista chilena de derecho, ISSN 0716-0747, Vol. 48, Nº. 3, 2021, pags. 131-154 |
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| Summary: |
This work analyses the inner structure and the logical conditions of “understand-ing” in the field of Law, taking for reference Andrei ́s Marmor proposal. The analysis leads to the thesis of the necessary connection between comprehension and semantic realism. Standing upon this thesis, I argue that, the more legal discourses assume the power to autonomously cre-ate their own meaning, the less their intelligibility and their chances of being understood. This general thesis is sustained on two main arguments. First, the inherent darkness of the reference of concepts whose meaning is held to be purely conventional. Secondly, the impossibility of saving the process of understanding from the classical Münchhausen trilemma. |
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