Virginio Marzocchi

A jurisdictional concept of law from a philosophical (linguistic-pragmatic) point of view

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Keywords: Concept of law; philosophy of language; linguistic turn; Transzendentalpragmatik; democratic State.

In the first part I try to elucidate and justify in my own way the consistency of a linguistic-pragmatic and transcendental perspective, as first introduced by Karl-Otto Apel. I sum up this philosophical approach (largely developed in a constant critical debate with Jürgen Habermas) under the short title Transzendentalpragmatik. In the second part I intend not simply to apply the approach developed in the first part, but to use it as a critical-regulative idea in order to offer a less abstractive and more geohistorically adequate concept of law, which does not identify (valid) law with a necessarily unitary and distinct system of prescriptive norms, made possible by the modern national/constitutional State. I term such a concept of law a jurisdictional one.

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