O discurso jurídico metafórico e a construção retórica de verdades no direito
In this essay I argue that the establishment of a proper model for theunderstanding of law depends on the development of an epistemology ofmetaphor. My hypothesis is that the production of knowledge would beintrinsecally conected to the typical human faculty of dealing with figurativeaspects of lega...
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2015
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8697453 |
| Source: | Revista de Direitos e Garantias Fundamentais, ISSN 2175-6058, Vol. 16, Nº. 1, 2015, pags. 11-46 |
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| Summary: |
In this essay I argue that the establishment of a proper model for theunderstanding of law depends on the development of an epistemology ofmetaphor. My hypothesis is that the production of knowledge would beintrinsecally conected to the typical human faculty of dealing with figurativeaspects of legal language. Thereby the concept of truth in the legal domainwould depend on the concept of metaphorical truth for which the idea ofcorrespondence between language and reality, as well as the idea of consensusare irrelevant from a rhetorical point of view. To advocate this thesisI assume that the very idea of literal meaning is metaphorical and that itfunctions only as a referential to the development of non-literal interpretations of normative texts. Thus, I conclude affirming that legal semantics depends on its pragmatics, i.e., that the production of legal meaning is connected to performative issues and creative use of language. |
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