ABSTRACT
In legal practice, the concept precedes the standard criteria implementation. By this very fact it is in a way dangerously naturalised. This chapter focuses on the legal category of “fundamental rights,” because it reveals “something” of what the law seems by its very movement to be forgetting. It focuses on the need to abandon a “semantic” conception of the construction of fundamental rights. The chapter examines how this legal category is likely, from the perspective of the philosophy of ordinary language, to manifest a specific knotting of the real in legal language. The question of the relationship between ‘fundamental rights’ – understood as a ‘legal category’ – and the social reality in which they develop is usually presented in the discourse on law as a main question. An agreement in the important and not in the fundamental. In the construction of a category, it is a question of agreeing in use on criteria and not on a meaning.
