article
Epistemological Sections and Dissections of Legal Discourse. A Study from the Critical Legal Studies
Autor
Ana Dobratinich, Héctor Gonzalo
Institución
Resumen
Understanding the law as a specific social practice of discursive nature allows analyzing it from a different perspective: the observation of its formation structures. The circumstantial tones, the phrases of little importance, the metaphors that embellish, in short, all the resources that any reader would ignore. The legal discourse is contaminated by all these indeterminacies that swarm by their statements, emotional phrases, vague concepts, and the use of extraordinary linguistic figures. The law expresses and resignifies far beyond what can be read superficially in its statements. Intertextuality and interpretation are two essential aspects to analyze the configuration of the legal phenomenon, as well as a third element, the fictional one, where the law eclipses in different ways from which its discourse seems to refer. This contradictory duality, far from being considered a fault that threatens its existence, will be a fundamental element for its constant structuring, functioning, and reproduction.