The LANGUAGE BETWEEN CRIME AND PUNISHMENT

CONTRIBUTIONS OF THE LINGUISTIC PARADIGM FOR A DEMOCRATIC MODEL OF CENSURE

Abstract

The aim of this article is to examine how the philosophy of language can yield gains for a democratic conception of censure. Drawing a parallel between crime and punishment, the research methodology comprehends the bibliographic review based on interdisciplinarity, specially between the areas of Philosophy and Law, adopting as theoretical framework the pragmatic phase of Ludwig Wittgenstein and the communicative paradigm in Jürgen Habermas. First, it is observed that the linguistic turn allows to break with the truth pretension in the theory of the crime, affirming a meaningful conception of action, as well as to dismantle the ontological concept of punishment, emphasizing its communicative dimension. Thus, the punishment is no longer seen as a mere consequence of the crime, but as a political institution. From that, based on republican theory and a deliberative conception of democracy, the possibility of censure models based on the argumentative consensus and the participation of “all potentially affected” is defended, valuing the dialogue and the human dimension of the conflict relations generated by crime.