The following work is based on the book by Don Gregorio Robles "Justice in games" and responds to a series of previously established criteria.
I must emphasize that the answers are more concise than what I personally would have liked, due to the expansion limitation that I am forced to adhere to, so that the content of the same is sometimes concentrated in a text that should pretending to be more extensive, to capture the synthesis as a whole.
It is necessary to clarify that I have avoided repeating verbatim the doctrine that appeared in the book, I hope for that reason I have not altered the meaning of the content, but I trust in the good outcome.
Next I develop the exercise answering each of the required questions, being as schematic and concrete as possible.
1.- Parts into which the communication theory of law is divided
The Communicational Theory of Law (TCD) is divided into three parts (levels), preceded by a peculiar introduction, at least that is how the author has raised it.
The first refers to the entire intrinsic interior of the legal system, with the different theories of legal decisions. The second part refers to the legal system, collecting the theoretical analysis of the different legal institutions. The third part in which the TCD is divided is that linked to the universal concepts of law, in terms of the theory of legal norms.
Each of the previous three levels includes a series of sub-points, which are intended to further clarify and specify the aforementioned aspects, to identify them in the most precise way.
2.- Reasons for the name "communication theory of law"
It is complex to answer this question in a simple way, however I will try to answer in the most precise way as well as concise and clear.
Taking for granted the objective concept of positivist descriptivism, it is called into question the moment it is discovered and it is assumed that there is no direct connection between reality and the observer, but is mediated by culture, that is, by the language. Therefore, for the study of the philosophy of law, it will be necessary to study its language, calling it theory of law. For this reason, the TCD, which we have already taken for granted is the abbreviation for Communicational Theory of Law, understands itself as a hermeneutical conception of law.
It is also called theory of legal texts and analysis of the language of lawyers, since it requires an analysis of the medium used for communication in cultures; the language.
3.- The different levels of legal decisions
There are several levels of legal decisions. The first level is the fundamental one; the constituent decision, since it is in that phase where the ordering is allowed to exist.
The second level is led by the constitution that has been formed thanks to the previous decision, which will establish the powers as well as the freedoms of individuals and the State. From that moment on, the entire legal system is overturned, with the different laws and legal language, these are the so-called intrasystemic decisions.
Finally, the legislator needs to justify the specific content of the law. The legal reasoning will be specified in the legislative reasoning, which is exercised to convince the people of justice and social convenience of the material contents approved by law.
4.- What relationship exists between pragmatics, semantics and syntax (parts of linguistics) and the communication theory of law (CDT)?
There is a very peculiar comparative relationship between pragmatics, semantics and syntax and the communicational theory of law, since syntax (or morphosyntax) is only possible after semantics and this after pragmatics, the principle of priority of pragmatics.. In this same way, in CDT, first are the decisions that create the text, then the doctrinal construction of meanings (system) and finally the logical-linguistic analysis of the basic conceptual elements.
As the author states, each part of the TCD focuses on a basic concept. Respectively, in the legal decision, in the institution and in the legal norm.
5.- What does it mean that the formal theory of law constitutes a part of the TCD?
That the formal theory of law constitutes a part of the TCD means that it studies the formal aspects of the decision, the relationships between legal systems and other important aspects of the TCD itself; It studies the universal concepts that, due to their purely formal nature, constitute elements to understand the basic structure of the legal system.
6.- Why is it possible to analyze the idea of justice in relation to games?
It is possible to make an analysis of the idea of justice in direct relation to games because both law and games have the same intrinsic structure, that is, they have the same elements in common. The idea of justice supposes that the criterion of equity will be applied and each one will be given what corresponds or belongs to him. Both have rules or rules of the game; indirect and direct. As indirect they share space, time, subjects and competences are characteristic, with procedures, powers and duties being their own direct.
7.- What is a game? The various types of games
As Gregorio Robles tries to explain in the beginning of the book, a game is a system of rules. There is a variety of types of games, the author even adds that they could be greater in number than the types of legal systems. These types of games can be classified according to whether they are played individually, such as solitaire, or in pairs or groups, however there is a clear division into four types: games of pure chance, those of cards, those of tokens, those in which the players they move in the physical space of the game.
8.- What does play have to do with action?
The relationship between the game and the action is the way in which the latter are regulated by the game, or by the procedures through rules that we find in each game. The rules in the game regulate the actions of the players and also do so directly and indirectly. Something that does not happen instead in morality, which is composed of direct rules of action and more specifically by direct rules of duty.
9.- Relate luck, chance and the idea of justice
The concepts of luck, chance and justice are related when we understand that, in games, luck plays a very important role, as in justice. In this sense, in games like the lottery, for example, the chances of winning are higher if the number of tickets purchased is higher. In the same way in law, just as directly proportional as in the lottery, it happens that an order will be all the more fair the more it does so that the social positions of individuals do not interfere, since very often the differences between the social positions of the individuals are remarkable.
The author states that by means of the rotation system luck is equalized and no one is in principle excluded. In this sense, we are talking about the election of rulers compared to the lottery draw, where the tickets are equal in value and probability and the candidates are characters on equal terms.
10.-Scheme of the basic values that every game must meet
The basic values that every game must meet for a game to be such are:
The freedom to play loyalty to play.
This means that the individuals involved in a game must freely want to participate, without coercion imposed on the human will or threats that disturb their psychic freedom, this would also include the need to do so "healthily" in the sense of not suffering from gambling. Loyalty in playing refers to the fact that the rules of the game must be accepted and respected.
11.- Distinction between fair play and foul play
To play it is necessary to be loyal to what has been agreed, that is, to accept the established rules fairly and, in case of breach, to abide by the sanctions provided. In games there are acts that are allowed and others are not, that are prohibited. Only true tricks and cheats (prohibited in the game) will be those that the rules themselves establish as such. However, we must recognize that cheating and deception that are not sanctioned are what truly excite the game. That would perhaps be the difference between what we call fair play and foul play. Fair play would correspond to the one who participates in the game and respects the rules by accepting the sanctions in case of breach of them, foul play would occur when the rules are violated to obtain the maximum benefit, which would be prohibited and sanctioned,the prohibition being expressed in deontic norms.
12.- Apply those same categories to law
In the very chapter where the categories are related to the game, the comparison with law appears. In this sense we will say that in law, through legal norms, cheating and deceit are prohibited but not all, that is to say that sometimes this is allowed. But that permission can go further, as in the criminal case, in which the accused is allowed to lie. Obviously, the presumption of innocence demands this criminal principle, for which no one is legally obliged to plead guilty.
For all of the above, "fair play" could be related to "good faith."
13.- Formal equality and material equality in games and in law
Formal equality and material equality in games is essential to maintain a balanced and fair game in terms of its rules to comply with for the development of the game. However, pretending an equality of both aspects is impossible. While formal equality is feasible, for example on the soccer field with eleven players against eleven, material equality is more expensive. The same is true in law.
In games, formal equality is guaranteed and serious material inequalities are discarded, that is, only those that allow the game to play normally and without abuse. The minor material inequalities are maintained because otherwise it would be impossible to occur, since people constantly go through phases that make them different for the game.
