The Normality of Tractatus Logico-philosophicus Logic consistency in the continental philosophy of law

Abstract

This article does not seek to bind the Tractatus Logico-Philosophicus with the development of continental legal theory. Instead, it tries to shoe how legal theory could benefit from the logical conception of language developed in Wittgenstein’s first publication. In that sense, as necessarily akin to the continental tradition: this perspective assumes right not as an empirical discipline that legislates from previous cases, but a social science that impies a particular epistemic treatment of the world. Thus, we address the traditional adaptation of Wittgenstein in legal theory to show how, acknowledging the conceptual tools that the Tractatus Logico-Philosophicus puts forth, one could entertain a logical theory of right (in a Kantian sense) that serves modern constitutional sistems.