Construcción de sentido e interpretación evolutiva aplicada a la praxis legal y constitucional
From the development that the philosophy of law has had in the Western world, interpretation and argumentation have been conceived as fundamental components of Western philosophical practice. In particular, for the world of Law, various theories have been delimited around how the norm should be inte...
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| Main Authors: | , , , |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8702310 |
| Source: | Academia & Derecho, ISSN 2539-4983, null 12, Nº. 23, 2021 |
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| Summary: |
From the development that the philosophy of law has had in the Western world, interpretation and argumentation have been conceived as fundamental components of Western philosophical practice. In particular, for the world of Law, various theories have been delimited around how the norm should be interpreted and, in general, about the use of words within a science and/or discipline that revolves around the use of language. , as is the Law. To that extent, it is the fundamental purpose of this article to clearly show the hermeneutic functioning of interpretation, unpacking its typology, its nuances, study paradigms and practical consequences. To achieve the proposed objectives, the research carried out an analysis about the legal birth of a new paradigm of historical evolution and the evolutionary interpretation of the transmutation of the system. For the methodological development of the research, the critical hermeneutic paradigm was based on a legal and historical study of the subject. As a result, it built a necessary framework to obtain a syncretic theory on the adequate interpretation paradigm for Law in the context of a globalized world. In that, through this article it is concluded that the evolutionary interpretation —making special use of the institutions of legal sociology— managed to build a paradigm of legal interpretation suitable for the context of twenty-first century law. This thesis encompasses many other ideas that, in turn, were violated by previous paradigms such as the legal and constitutional, hence the necessary utility is obtained for the correct interpretation of the norm on a par with a society that —currently— it coexists in a different way with the Law compared to previous centuries. |
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