Linguistic analysis of jurisprudence and transtextuality

ANÁLISIS LINGÜÍSTICO DE LA JURISPRUDENCIA Y LA TRANSTEXTUALIDAD

This article aims to demostrate the possibility of applying methods of linguistic analysis to the law studies and to the study of the jurisprudence, especially across the Gerard Genette’s theory, the transtextuality. By means of this article there is exposed an adjustment of this theory to apply it to Law. What is claimed is to establish, in a methodical way, the relations that a juridical text or a judgement can have with other texts to be able to understand the scope of these texts. One proposes equally a new methodology of the juridical transtextuality for a global analysis of a concept or a concrete analysis of a case. Finally, there are given two concrete examples of application of this theory across the notion of Effet utile and across the analysis of the decision Didier of the French Conseil d´Etat.

DOI: http://dx.doi.org/10.21017/Rev.Repub.2020.v29.a88