Intention To Explain The Theory

This dissertation, The Hermeneutics of Declaration of Intention: The Reasoning Theory of Civil Law in the Horizon of Philosophical Hermeneutics and Rhetoric, means to argue that it is not scientific methodology's judicial syllogism, but the hermeneutics of declaration of intention in the horizon of philosophical hermeneutics and rhetoric that should be the reasoning model of civil law. To reach the purpose, this paper will deal with three problems. Firstly, is the interpretation of declaration of intention (IDI for short) universal? Secondly, what is its role during the application of civil law? And thirdly, how is it realized? Four chapters solve these problems.Chapter 1 clarities the problem that raises my interest to discuss this issue and the knowledge approach to the conclusion. In my opinion, the judicial syllogism of civil law's application, which is controlled by scientific methodology, cuts off the inner connections between jurisprudential ontology and its methodology. In order to show the jurisprudential own character as understanding science, I follow the knowledge approach of philosophical hermeneutics and rhetoric. At the same time, this chapter also examines legal thought's typical significance in hermeneutics and rhetoric.Chapter 2 discusses the problem about the universality of IDI. It can be answered at two points: (1) declaration of intention has the same nature as juristic act, so it can directly deduce the legal effect; and (2) declaration of intention has significance only when it has been understood, so IDI plays its role on the ontology, which is embodied in the linguistic character of declaration of intention.Chapter 3 deals with the problem about the role of IDI during the application of civil law. In my opinion, judicial syllogism should not be the model of reasoning theory of civil law, because it not only has a lot of lacunae, but also contradicts the ideal of autonomy of civil law, which requires the legal effect be directly deduced by juristic act. According to the philosophical hermeneutics, while declaration of intention is understood and interpreted, its legal effect also is gained. So hermeneutics of declaration of intention, which concerns about no formal practical reasoning, embodies the essential character of the reasoning theory of civil law.Chapter 4 attempts to re-examine IDI's structure through the concept of game. Traditional opinion controlled by the idea of judicial syllogism not only contradicts the ideal of autonomy of civil law, but also cannot restrict judge's power. The more reasonable opinion is that the IDI's aim is reaching the Horizontverschmelzung through argumentation among parties and judge.The last part is conclusion.