Constructive – Postmodern Approaches on the Philosophy of Law (English version)

The characteristic of postmodernism as a cultural paradigm is deconstruction. The fact that “deconstruction” allows a hermeneutical adrift, centrifuge and without poles, shows the difficulty of understanding the ways of thinking, supreme tolerance, which accepts any text. No interpretation of Deconstruction, in Derrida’s way as the sense of universality of language, it is not possible, because any interpretation goes in same direction as deconstruction. From the deconstructive-reconstructive hermeneutic methodology we can analyze the existential meaning of historical or social phenomena in terms of understanding the socio-historical reality as a construct that was generated by a “reframed” interpretation. Philosophical issue is “a pretext” of the hermeneutical process of creating the significance. Constructionist epistemology is a structure close to postmodernism perspective in manner of the vision of Lyotard, under which our image of reality is a narrative one, a consensus of speech. The legal discourse is a particular form of speech and can be analyzed in constructionist manner as a textual analysis. The analysis of the legal system must take into account the collective character of interpretive construction. Radically changing the interpretation or the context we modify the interpretation of the representation of reality which consciousness substitute for reality itself. In Foucault’s view, Power is internal and constitutive to the discourse.