Final Considerations - Logical Conditions of the Truth and Validity of the Legal Norm
Year: 2025
Type: article
Abstract: Background: Analytical Philosophy, especially the theory of Ludwig Wittgenstein in its first phase, has influenced the framing of Hans Kelsen's Pure Theory of Law. The analysis of this study is concentrated on the impact of Wittgenstein's Tractatus Logico-Philosophicus on the conception of Kelsen's juspositivism, emphasizing how the pursuit of a precise and logical language in the legal field has shaped the Theory of Law in the 20th Century.Objective: This study aims to understand how Wittgenstein's contribution was fundamental for Kelsen in providing a theoretical framework that allowed him to establish a sharp distinction between what belongs to the field of Law and what should be relegated to other fields, such as morality or politics. Thus, Wittgenstein's philosophy provided Kelsen with a solid foundation for the scientificity of Law, through proposing a language that would limit itself to the world of facts, thereby lending a neutral and autonomous approach to legal discourse.Method: The method adopted for this study consists of a theoretical and conceptual analysis, involving a bibliographical review of the works of Wittgenstein and Kelsen, with a specific focus on the principles of Analytical Philosophy and their application to legal thought. Results: The relevance of this research lies in understanding the philosophical foundations that support the Pure Theory of Law, one of the cornerstones of contemporary juspositivism. By exploring the influence of Wittgenstein's Analytical Philosophy on Kelsen's work, the study has contributed to a deeper understanding of the theoretical pillars that uphold the study of law as a science. This is particularly significant for current debates on the autonomy of law, the neutrality of legal norms and the relationship between language, logic and jurisprudence.
Author: Edimar Inocêncio Brígido
Institution: Centro Universitário Curitiba
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4408865515