Communicational Theory of Law and Text: An Analysis from José Ortega y Gasset Theory
摘要
The Communicational Theory of Law largely reflects the ideas of José Ortega y Gasset, mainly his epistemological perspectivism which shows how texts also have their perspective. This means they are analyzed depending on where they are approached. Seen in this way, the object of study of Law does not escape this textual perspectivism, let's think that the perspective and discourse of a defense attorney is different from that of his counterpart and often from that of the judge; In the same way, the judge, when issuing his decision, seeks purposes by the legal System, this also forces him to assume a given perspective from a specific text that is the same for the actors in the process (Constitution, law, court ruling, and other texts). According to the above, the objective of this work is to explain how the epistemological perspectivism adopted by CTL -influenced by the work of Ortega y Gasset- allows hermeneutics to be established, in an optimistic sense, as a pillar of this theory from the text as axis. In the first place, the concept, and implications of perspectivist thinking will be illustrated, and then they will be connected with the usefulness of legal hermeneutics, to finally analyze the consequences of Law as a text in CTL, that is, a textual perspectivism.