Performativeness of law: from philosophy to jurisprudence |
| 5 | |
| 2025 |
| scientific article | |||
| 81-85 | аналитическая философия, правовой позитивизм, юридический язык, перформатив, ные высказывания, юридическая лингвистика, правопонимание, нормативность права, analytical philosophy, legal positivism, legal language, performative statements, legal linguistics, legal, understanding, normativity of law |
| The linguo-philosophical theory of performativity is studied in the context of its influence on jurisprudence. It is es
tablished that the performativity of concepts as generating action is the most important characteristic of the legal lan
guage existing in the field of special normative use. This theory has found its most complete manifestation in analytical
jurisprudence through the integration of views on the language of law and legal concepts in the theory of Herbert Hart
and a number of modern legal scholars. In many ways, the understanding of the performativity of law and the specific
institutional conditions of its force determined the formation of concepts explaining the nature of the normativity of law
in the sphere of the use of legal concepts. |
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