This volume is the fi rst part of a project that aims to highlight important aspects of
the complex relationship between common language and legal practice.
In legal philosophy there is a well-established tradition, widespread in Englishspeaking
countries (the UK, the US, and, more recently, Australia) as well as on the
European continent and in Latin-American countries, that has always paid special
attention to (that composite branch of knowledge that can be labelled as) the philosophy
of language. Within this tradition we can identify at least two main trends.
The fi rst trend, which began some time ago in continental Europe and Argentina,
showed a keen interest in neo-positivism, and especially in the philosophical
thought developed by Frege, Carnap, Hempel and Waissman: legal philosophers
tried to import the neopositivistic theory of knowledge, and also to shape legal science
as an empirical enterprise. Although the neopositivistic paradigm was revealed
to be unsuitable and was dismissed (even by some of its proponents), this trend has
not entirely dried up: it has partially continued in weaker forms (which, for normative
language, can mainly be traced back to R.M. Hare: see Hare 1952). It has a
successor in the legal logical tradition, that is, in the works of those legal scholars
who employ (various types of) formal logic (and theories of possible words) in
order to explain the properties of real legal systems or to develop ideal legal systems.
Finally, and above all, its fundamental theses, such as the analytical–synthetic
distinction, still impregnate many legal theorists’ works – pace Quine.