Kelsen and the theory of interpretation humpty dumpty

Authors

  • Samuel Moreira Gouveia Université Paris X PUC/SP FADISP

DOI:

https://doi.org/10.5433/1980-511X.2016v11n1p227

Keywords:

Kelsen, Troper, Wittgenstein, interpretação, validade

Abstract

This article aims to draw the consequences of the theoretical development of the concepts of kelsenian theory - focused on the relationship between "validity" and "interpretation "- to observe the motivation this kind of criticism leads to the necessary consideration about the existence of a plurality of legal actors. It takes the theoretical resizing done by Michel Troper as a paradigm of the theoretical development that has its starting point from the unsatisfactory reply given by the pyramidal hierarchy which kelseniana theory is based. Finally, collates the various theories face the impossibility of existence of an "autonomous language", as described by Wittgenstein’s Philosophical Investigations.

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Author Biography

Samuel Moreira Gouveia, Université Paris X PUC/SP FADISP

Doctor student at the Université Paris Ouest, in cotutela with the Pontifical Catholic University of São Paulo. Master in Public Law from the Université Pierre Mendes France - Grenoble II. Professor of Law Autonomous College - FADISP. Email: samuel_gouveia@yahoo.com.br.

Published

2016-04-30

How to Cite

Gouveia, S. M. (2016). Kelsen and the theory of interpretation humpty dumpty. Revista Do Direito Público, 11(1), 227–240. https://doi.org/10.5433/1980-511X.2016v11n1p227

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Section

Artigos