Gadamer’s philosophical hermeneutics is rooted in the idea that interpretation, understanding, or meaning cannot take place outside of historical and social contexts. This approach challenges the traditional view of law as an autonomous and rational discourse, emphasizing the importance of dialogue and ethical deliberation in legal interpretation. Gadamer’s insights provide a unique perspective on legal hermeneutics, offering necessary protocols for determining, giving meaning, and emphasizing t…
Read moreGadamer’s philosophical hermeneutics is rooted in the idea that interpretation, understanding, or meaning cannot take place outside of historical and social contexts. This approach challenges the traditional view of law as an autonomous and rational discourse, emphasizing the importance of dialogue and ethical deliberation in legal interpretation. Gadamer’s insights provide a unique perspective on legal hermeneutics, offering necessary protocols for determining, giving meaning, and emphasizing the historical and social embeddedness of legal practice. While some describe legal interpretivism as a hybrid between legal positivism and natural law theory, Gadamer’s hermeneutics offers an alternative approach to legal meaning, focusing on the historical and social contexts that shape interpretive activities. This approach provides a nuanced understanding of legal interpretation, emphasizing the concretization of the law through dialogue and ethical deliberation. Keywords: Hans-Georg Gadamer, Legal Interpretation, Philosophical Hermeneutics.
