Kelsen and the theory of interpretation humpty dumpty

• Main Author: Samuel Moreira Gouveia
• Format: Article
• Language: English
• Published: Universidade Estadual de Londrina 2016-04-01
• Series: Revista do Direito Público
• Subjects: Kelsen; Troper; Wittgenstein; interpretação; validade
• Online Access: http://www.uel.br/revistas/uel/index.php/direitopub/article/view/24653

<p>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.</p>