Abstract

PITA SIMON, Vladimir. The discourse of the constitutional legal field from the perspective of the communicational theory of law. Cuest. Const. [online]. 2022, n.47, pp.317-333.  Epub May 19, 2023. ISSN 1405-9193.  https://doi.org/10.22201/iij.24484881e.2022.47.17531.

The recognition of rhetoric as an essential dimension to the legal phenomenon corresponds to the conception of Law assumed by the Communicational Theory of Law, as a text of a regulatory or directive nature that finds in the language of jurists a universal means of expression. It is the constitutional legal field that offers the opportunity to clarify the process of significant construction of the Law from the prenormative instances of the constituent discourse to the normative ones, characteristics of the properly constitutional discourse. Argumentation and ideology are shown as fundamental elements within this communicative process of the legal world, where rhetoric becomes an epistemological substrate that affects the very nature of the constitutional phenomenon.

Keywords : Communicational theory of Law; constitutional speech; constitutional legal field; rhetoric; ideology; argumentation.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )