Abstract

AGUIRRE ROMAN, Javier Orlando. Relation Between Language and Law: Jürgen Habermas and the Philosophical Debate. Opin. jurid. [online]. 2008, vol.7, n.13, pp.139-162. ISSN 1692-2530.

The Constitutional Court of Colombia has taken some decisions in which it has declared unconstitutional some legal expressions that had a problematic semantic content with discriminatory effects. From the reading of such judicial decisions the questions about the nature of the relation between the Language and the Law has arisen. The present article deals with that question in two stages. In the first one, it presents, in the shape of a debate, the observations of several thinkers about such relation. Based on this, in the second part of the article, it is presented the position that the philosopher Jürgen Habermas would assume in that debate. This is done based on his books Theory of Communicative action and Between Facts and Norms.

Keywords : Language; law; constitutive; instrumentalist; Habermas.

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