LANGUAGE, INTENTIONALITY AND CONSCIOUSNESS. POSSIBILITY CONDITIONS FOR THE EXISTENCE OF THE HUMAN RIGHTS

Abstract

The present article shows the results of an analytical study concerning the nature of the human rights, in order to provide a possible departure to the ontological dualism that is presented in the discussion between the Iusnaturalism and the Iuspositivism. To achieve this task, the contributions of the analytical philosopher John Searle are presented, especially those related to the theory of deontic powers based on his studies of language, philosophy of mind and social ontology, in order to unveil nature biopragmatic of the fundamental rights. In this sense, it goes on to show that language, intentionality and consciousness are necessary conditions for the existence of the human rights, their institutionalization and constitutionality, which shows that the ontology of these rights has both biological (natural) and social elements.