A dialética na e pela linguagem em Émile Benveniste: uma crítica à aparente oposição no discurso da função social do Direito

The main objective of this text is to articulate a reading about linguistic time and subjectivity in language in Émile Benveniste, emphasizing its dialectical aspect, and a reflection on the meaning of social function in Law, discussing the possibility of a contradiction between social function in and from Law. For this, the texts “Language and human experience” and, secondarily, “On subjectivity in language” were analyzed, in order to carry out a critique of the supposed overcoming of the opposition between individual and society, claimed by the doctrinal discourse of the function social, which is not given by Law, but by the maintenance of property as a mediating agent of those two instances.