© Copyright 1998 – Fernando Galindo
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THE COMMUNICATIVE CONCEPT
OF LAW
Fernando Galindo
Introduction
One possible means of clarifying the encounters between legal cultures is the
building and development of new concepts. Of particular value for this purpose is
the communicative concept of law. This paper treats the characteristics and practical
consequences of the concept by an account of one example of its application, having
first considered cultural plurality as the point of departure and the normal context
today for discussion of terminology in the Sociology of Law. According to this
concept law is essentially the activity of jurists in relation to legal texts.
Cultural Plurality
Old solutions do not serve in times of crisis such as the present, when concepts
themselves are being questioned. Indeed, we can go further and say that it is difficult
even to discuss existing concepts. During such times neither old nor new concepts
suffice. Some commentators have even suggested that we must renounce any
construction that might explain life in general in a society as complex as today’s and
that we should limit ourselves to making a hermeneutic of everyday things.
1
1
This position has been markedly developed in legal theory, but also in the
sociology of law. An example of a reasoned approximation to the view can be found
in Shiner (1992). This author establishes the basis for a non-conventional theory of
law, arguing that a metatheory of legal theories can demonstrate that the theory of
law itself is, in a way similar to that of professional practice, in a constant process of
movement and adjustment between theories which extol the principles of certainty
and procedure and those which extol the principles of flexibility and substance