A look semiotic-prescriptive about language and juridical norm

Abstract

This article presents the idea that legal language is a representative feature of culture and social relations, as it is through language and with language that concepts, norms, and behaviors can be expressed. In other words, it is a condition that causes relationships, actions, and reactions. In this sense, the procedures stemming from the metodeutics of the American Semiotics Theory, commonly known as Peircean Semiotics, are the ones upon which this proposal is grounded in order to understand the process of contained semiosis in the aforementioned theory, and to achieve this understanding it searches for the philosophical model of pragmatism in order to carry out its analysis. Thus, pragmatics becomes the work approach here because, conceived as a dimension of semiotics, it is part of the Peircean Theory of Semiotics, whose sign is studied according to its interpreters. In this case, it takes the analysis of Tercio Sampaio Ferraz Jr.’s Juridical Norm Theory as subject. On the other hand, it goes further, highlighting the study of law through language as expressed by Norberto Bobbio in regards to its prescriptive function. Once this stage is covered, the sign and the social-cultural reality are analyzed, whose “do-do” configuration (constant in the prescriptive function) is always permeated by the “say-do” modality of law as communicative act. This aims for the interpreter of the juridical norm to be able to “know-do”, as language, in this case the juridical one, is the place of symbolic exchanges which allow the communication between subjects and that generates social relations or the interruption, modification, or change of behaviors whenever it is necessary.