Article title The Task of the Hermeneutic Philosophy of Law
Authors
Name of magazine Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language)
Issue 2/2012
Сторінки [102-114]
Annotation The aim of the paper is to present the historical and the modern form of hermeneutic. As W. Dilthey stated, the understanding of the text is not entering of one individual into the spirit of the other, but rather a rising to a higher level of general overcoming not only one's own but also someone else's particularity. Any situation can be considered as a certain position limiting the possibility of vision. Н. Gadamer calls this limitation a horizon. So we may say that the following factors decide about the attachment to hermeneutic trend: 1) the recognition of understanding as the central philosophical category; 2) the analysis of the problem of pre-understanding; 3) the interpretation is regarded as discussion within a certain community. Why is this hermeneutical criticism of essential for the theory of law? As the matter of fact, in Heidegger's and Gadamer's considerations one crucial question appears: How to reconcile the world of everyday experience of an individual with the world of scientific objectiveness and scientific authority? H. Gadamer tries to prove that an anthropological reduction of science to the world of everyday experience is possible through the demystification of the scientific methodological self-consciousness. The theory of law which is scientific and axiomatically neutral is not able to give answers to such questions as: «Why should we built discussion without resorting to violence or without restraining the freedom of participants?».
Keywords pre-understanding, community, existence, ontology, tradition, language, legal interpretation, legal discourse.
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