Racionalidade cultural na legislação

Abstract

Legislative reasoning in Europe takes place in cultural pluralism, “in the unity of diversity”. The consequence of this pluralism is that cultural rationality is necessary demand, which has to be taken into the account in the method of legislative reasoning. This article focuses the culture in legal reasoning, an activity separated from legal reasoning. The article reflects three dimensions of cultural rationality, context, legal consciousness and language as a part of cultural aspects. There is not found one clear and undisputable concept of culture, but many. The method of legislative presupposes, for example, that it is organised to take into account the cultural aspects. Another alternative is to establish legislative reasoning methods which are based on the relevant knowledge, reporting regularly and efficiently on cultural aspects in society. This alternative favours taking better into account the legal consciousness of society which is the precondition of legitimate laws. The change of legal consciousness often takes place in an imperceptible way. The language rights are an essential factor in influencing the legislative agenda and understanding the law given by the legislator.