Article | Legal Hermeneutics between Universalism and Contextualism |
---|---|
Authors |
Satokhina N.
|
Name of magazine | Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language) |
Issue | 1 / 2013 |
Pages | 169 - 179 |
Annotation | The article deals with the trying to explicate the nature of the experience of understanding, contrasting it lack of understanding within the legal reality, that allows us to clarify the nature and objectives of legal hermeneutics itself and its place in the discourse of human rights. The author defends the idea that the legal hermeneutics (and very understanding) is not a method, but a form of experience, rooted in the legal tradition and oriented in the direction of due, which thus makes it possible to agree universalistic claim and contextualistic restrictions on human rights. |
Keywords | legal hermeneutics, human rights, universalism, contextualism, understanding, phronesis. |
References | |
Electronic version | Download |