El análisis discursivo del derecho

Abstract

Traditionally, literary text have been employed as judicial casuistic by juridical texts. The stories were useful as long as they had diagramed a problem of legal interpretation; nevertheless, parallel to this instrumental usage, the literary theory, and more particularly Linguistics have developed theories for text analyses which only currently are being taken into consideration by Law’s theory makers.

Thus, in our times, the way seems to have been inverted, for the jurists feel evermore impelled to appeal to the extra-legal perception of Literature, Linguistics, or Philosophy in order to solve the concrete problems of their own discipline. This set of theories that have the concern for the language as their axis has been encircled under the general label of discourse-analysis and it compounds all the other disciplines, among which, of course, is Law.

This article aims, among its objectives, at expounding the questions of Law Analysis as a discourse, for which, at a first instance, the philosophical and linguistical support of the discourse-analysis will be identified; then a brief analysis will be carried out over the extra-legal discourse theories applicable to Law, such as: Semiotics, Hermeneutics, and Deconstruction, in order to, finally extend a tight summary of the discourse theories elaborated from within the juridical discipline: Communicational Theory of Law, Critique and Narrative Theory of Law, and the Theory of Communicative Action, with some final remarks by the author.