Wittgenstein and the law: toward a claim for correction to language. Wittgenstein y la ley: hacia una demanda para la corrección del lenguaje
| Autor | Juan Pablo Sterling Casas |
| Cargo | Abogado, Universidad de Cauca (Popayán), Magister en Hermenéutica Jurídica y Derecho, Universidad Industrial de Santander |
| Páginas | 207-230 |
207
AMBIENTE JURÍDICO
CENTRO DE INVESTIGACIONES SOCIOJURÍDICAS
Wittgenstein and the law: toward a claim... pp 206-228 (A.J. Nº 12 / 2010)
Wittgenstein and the law:
toward a claim for correction to language
Wittgenstein y la ley: hacia una demanda
para la corrección del lenguaje
(Recibido: septiembre 7 de 2010. Aprobado: octubre 4 de 2010)
JUAN PABLO STERLING CASAS*
Wittgenstein’s intention was not different on the philosophy that the
discussion of issues such as esthetics, histor y and the story of a suc-
cessful linguistic form. In this way, communication between science
and philosophy would be the language itself by obeying the power of
the new positivism of the Vienna Circle. For this it has to consider that
language as an expression of thought, must obey the rules of logic and
guide the discussions in science and philosophy extending through the
language games.
This text appears once again and as usual lately, a series of stimula-
ting discussions, (sometimes passionate), with Professor Jaime Gu-
tierrez Ribero. And though no doubt our discussions about the lan-
guage and its functions are not as neat and precise as those held by
letters among Wittgenstein, Russell, Moore and Keynes, we revive an
the picture of analytic philosophy in the Law (little or no treaty issue
in our context). Professor Jaime Gutiérrez Ribero, teacher and friend,
I hope to overcome many of the objections are valid and reasonable
(holed several times in the logical rigor and argumentative of Bertrand
it the warnings on them.
* Abogado, Universidad de Cauca (Popayán), Magi ster e n Her menéutica Jurídica y
Derecho, Universidad Industrial de Sant ander, Especiali sta en resolución de con-
UU., Especialista en Argument ación Jurídica, Univers idad de Alicante, España. Do-
Bolivariana, Bucaraman ga. Docente de medio tiempo de los programas de derecho
de la Universidad Coope rativa de Colombia Sede Bu caramanga y Universida d San-
to Tomás, Sede Bucaramang a. Correo: jsterl ing@unicauca.edu.co
Página Web: http://razonjuridica.blogspot.com
208
AMBIENTE JURÍDICO
FACULTAD DE DERECHO - UNIVERSIDAD DE MANIZALES
JUAN PABLO STERLING C ASAS
A brief introduction
The importance of Wittgenstein’s thought is that it proposes a revela-
and systematic analysis of the situations of life through the study of
language: “Until now philosophers have told us only nonsense, but
what happens is that they did not realize they used the same word in
completely different ways [Wittgenstein, 1987: p. 49].
involves the removal of a “mysterious” narrative and endowed with a
language”, to paraphrase Kelsen, this means a theory that could ex-
plain phenomena of language to understand the struc tures of thought
from “seeing” and “hear” without interpretation or mysteries.
In the Wittgenstein critique to “The Golden Bough” by James G. Frazer,
the latter illustrates that the Beltane Festival1 in Scotland were caused
by ignorance of primitive man who believed in the virtue of purifying
-
tein questioned Frazer hard for positions he held, so hysterical and fran-
tic, trying to give a value to the mysterious and mythic narratives rather
than reduce them to obvious questions. Wittgenstein on one of his cri-
tics would say: “No phenomenon is in itself particularly mysterious, but
anyone can become one for us, and the characteristic of aurora spirit
[Wittgenstein, 1992: p. 57]
Wittgenstein presents a philosophy through language. The study of
reality. As he would say in a letter to Bertrand Russell, criticizing some
misunderstand to her philosophy:
“Now, I’m afraid I have not really grasped assertion that the who
le question of logical proposit ions is only a corollary. The main
point is the theory of what can be expres sed by the propositions,
that is, by language (and what comes to the same thing, which
but only shown, this I think, is the cardinal problem of philo so
phy.” [Wittgenstein, 1979: p. 49]
(TLP) has had on twentieth century thought is enormous, to the extent
1 Beltane Fire Festival is inspired by the ancient Gaelic festival of Beltane which began
-
logy with the s un at 15 º Taurus), being the time when the Goddess is united with
vitality, passion and hope consummated. In Scotland its particularity is that it was
Para continuar leyendo
Solicita tu prueba