UBACyT research projects
Starting date of the project
July 1, 2010
Ending date of the project
June 30, 2013
Code
20020090100206
Type of project
Consolidated group
Title
Drift of sense and the boundaries of the judicial interpretation.
Director
Carlos María Cárcova
Contact
| MEMBERS | ||
|---|---|---|
| N° | Name | Category |
| 1 | Alicia Ruíz |
Researcher formed |
| 2 | Nora Inés Wolfzun | Researcher formed |
| 3 | Marina Gorali | Research thesis student |
| 4 | Guillermo Moro | Research thesis student |
| 5 | Marcelo Roberto Lobosco | Investigator in training |
| 6 | Antonio Manuel Torres | Investigator in training |
Keywords
Legal philosophy
Linguistics
Legal hermeneutics
Abstract
The language occupies the center of the intellectual scene from middle of last century; the modern linguistics that began with Saussure and with Pierce almost hundred years ago, has come evolving constant across multiplicity of schools and trends, each of which has realized contributions that, though not always consistent, they ensued, anyhow, from singular importance, provided that the fundamental raw material that constitutes the object to which they recount is the language and more generically, the sense and the communication. But these questions come to the practice of judges and attorneys. That justifies the present project, but only in a partial way. We are face at this point a dilemma. If our scepticism become extreme and radical, good part of the constructions of the democratic constitutionalism and the development of the doctrines of the fundamental rights would enter in a zone of turbulence. If everything is open to interpretation, where rests the firmness and stability of a fundamental guarantees? This involves matters concern the meta ethics, normative and applied ethics, and also politics and juridical technologies. So trying to get answers to these significant matters is, probably, the best justification of the project. The question is, so, to find a balance between the "rights of the text", as it is mentioned by Umberto Eco and the reading of the interpreter who is, at some point, necessary performative. Here is the dilemma we face and the hypothesis we propose: a reasonable balance allows to overcome the utopia of a last and definitive sense of texts this applies. Also to normative texts, without forcing us to a radical scepticism about the meaning. The interpreted text imposes restrictions to the interpreter, which cannot be transgressed, because such restrictions are not exclusively linguistic, they are also political and social.