This work analyzes hermeneutics and discourse as tools that can help understand law in the theoretical and practical spheres. The study is divided into four sections: the first is dedicated to outlining legal hermeneutics as a consistent theory in the art of legal interpretation. The second section shows how the meaning of the texts goes from a legalistic perspective to a hermeneutic one as a way to better understand the practice of law. The third section addresses the role of the interrogative horizon and tradition as elements of a legal hermeneutic conception of judicial interpretation. The fourth section shows the role of judges in light of a certain understanding of constitutional hermeneutics. Finally, some conclusions to the work are indicated.

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Legal Hermeneutics and Discourse in the Judicial Interpretation

  • José-Antonio Santos

摘要

This work analyzes hermeneutics and discourse as tools that can help understand law in the theoretical and practical spheres. The study is divided into four sections: the first is dedicated to outlining legal hermeneutics as a consistent theory in the art of legal interpretation. The second section shows how the meaning of the texts goes from a legalistic perspective to a hermeneutic one as a way to better understand the practice of law. The third section addresses the role of the interrogative horizon and tradition as elements of a legal hermeneutic conception of judicial interpretation. The fourth section shows the role of judges in light of a certain understanding of constitutional hermeneutics. Finally, some conclusions to the work are indicated.