Article | Hermeneutical Senses of Legal Reality |
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Authors | Satokhina N. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 1 / 2014 |
Pages | 136 - 147 |
Annotation | Based on the idea of law as a certain experience, the author tries to explicate the nature of the legal experience as the experience of understanding, contrasting it lack of understanding, within the legal reality. This allows us to clarify hermeneutical senses of legal reality and the nature and purpose of hermeneutical philosophy of law itself. The article advocates the idea that the legal hermeneutics (and very understanding) is not a method, but a mode of existence only, which sense is the intersubjective replication of legal senses. In turn, the situation of a misunderstanding threatens not only the loss of the latter, but the disappearance of freedom defining the legal personality and hence the legal reality in general. |
Keywords | legal hermeneutics, legal reality, experience, understanding, lack of understanding, phronesis. |
References | |
Electronic version | Download |