Law, along with biblical exegesis and classical philology, is one of the oldest Western hermeneutic traditions, focused on the interpretation of texts. Not everything in law is expressed in text, especially not in the form of major legal codifications such as a civil code (there is, for example, customary law), but it is especially in its textual component that law can be linked to a branch of hermeneutics. Whether literary, religious, or legal in nature, all texts require interpretation, especially when they contain ambiguities or confusion. As such, certain methods of legal interpretation (such as analogical or extensive interpretation) can easily be assimilated into the general techniques of interpretation used in general hermeneutics. In this respect, law can be likened to a “regional” hermeneutics. It is no coincidence that, historically, the links between philological classical interpretation and legal interpretation have been very close: ancient rhetoric, for example, had an impact on legal terminology, which in turn influenced certain guiding concepts of classical philology (Thouard 2020). The same is true of the reciprocal influence, or even confusion, between exegetical interpretation and legal interpretation, for example in Talmudic law or canon law.

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Introduction

  • Johann Michel

摘要

Law, along with biblical exegesis and classical philology, is one of the oldest Western hermeneutic traditions, focused on the interpretation of texts. Not everything in law is expressed in text, especially not in the form of major legal codifications such as a civil code (there is, for example, customary law), but it is especially in its textual component that law can be linked to a branch of hermeneutics. Whether literary, religious, or legal in nature, all texts require interpretation, especially when they contain ambiguities or confusion. As such, certain methods of legal interpretation (such as analogical or extensive interpretation) can easily be assimilated into the general techniques of interpretation used in general hermeneutics. In this respect, law can be likened to a “regional” hermeneutics. It is no coincidence that, historically, the links between philological classical interpretation and legal interpretation have been very close: ancient rhetoric, for example, had an impact on legal terminology, which in turn influenced certain guiding concepts of classical philology (Thouard 2020). The same is true of the reciprocal influence, or even confusion, between exegetical interpretation and legal interpretation, for example in Talmudic law or canon law.