La hermenéutica gadameriana en el ámbito interpretativo jurídico
Gadamer was a philosopher who centered his attention, in a particular way, on the hermeneutical topic. He develops a broad fill or thought about interpretation and about how this occurs as a connatural element of the human condition. His position starts from prejudices generated by man, who gets clo...
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| Format: | Article |
| Language: | Spanish |
| Published: |
Universidad de Manizales (UManizales): Centro de Investigaciones Socio-Jurídicas de la Facultad de Derecho
2009
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=3267534 |
| Source: | Ambiente Jurídico, ISSN 0123-9465, Nº. 11, 2009, pags. 146-175 |
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| Summary: |
Gadamer was a philosopher who centered his attention, in a particular way, on
the hermeneutical topic. He develops a broad fill or thought about interpretation
and about how this occurs as a connatural element of the human condition.
His position starts from prejudices generated by man, who gets closer
to the object to be interpreted (his benchmark, usually is the text) and from
there he enters a circle which goes from the text to the interpreter and back
again to the text, to find in each circular motion an element which enriches
interpretations, until reaching a fusion of horizons, where the interpreter has
assimilated the content of the text, making it part of himself, but without letting
the text lose its own autonomy, i.e., He interprets it from its own history,
time, culture, circumstance, and from his horizon, to bring to himself the
horizon�s text essentials. This structure can be seen within the legal field, in
which the interpreter, who is the natural (but not the only) judge, must place
himself in front of two essential elements to be interpreted: the rule of law
and legal particular facts, so that it can, in front of them, issue a sentence.
Gadamer has much to contribute to this way of interpretation in particular
through the scheme set forth as hermeneutical circle. |
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