Discretion And Legal Concepts Indeterminate Under The Concepts Of Relationship Between Language And World In Tractatus Logico-Philosophicus And In Investigations Of Wittgenstein Philosophical

Abstract

This article analyzes the views of Ludwig Wittgenstein about the relationship between language and the world exposed in the work Tractatus Logico-Philosophicus and Philosophical Investigations, in order to, through them, analyze the problem of application of legal provisions that have said indeterminate concepts in view of the precise delimitation of what should be understood as part of the administrator's discretionary action. In the analysis of such an object, Article obeyed the monographic study process and worked with secondary data, embodied in national and foreign literature, through theoretical and comparative type of research. Initially, the conceptions of the relationship between language and the world in both phases of Wittgenstein's thought will be exposed. Then understandings about the concept of discretion and its relation to the application of indeterminate legal concepts will be outlined. Then, look up will identify whether such positions fall into the essentialist perspective of the Tractatus or pragmatic of Investigations. Finally, far-there will be a pragmatic reading of the problem in order to delimit the scope of the administrator's discretionary action on the application of so-called indeterminate concepts and to determine, therefore, the extent of judicial review of administrative acts.