Interpretation Of Testament In The Vision Of Hermeneutics

The current theory of testament interpretation including statement of hint and statement of distinction states that the interpreter make himself like the testator to obtain objectivity and neutrality without his own prejudice. In addition,"plain meaning rule"of statement of hint indicates the interpreting final results only depend on the literal meaning to establish the objective criterion of interpretation. From the hermeneutics point of view, the above opinions shall be still subjected to"the theory of original intention of author"of the traditional hermeneutics.The appearance of development of"the testator's intention"for the interpretation of testament of roman law is effected by not only"the metaphorical meanings interpretation"of earlier Stoikoi philosophy but also the equity conception. During the Middle Ages the testament cases as the spiritual cases are governed by the ecclesiastical court, at the same time the testator deems"the soul happiness or not"as the most important thing when estabishing testament, so the matural"metaphorical interpretation on Bible"makes"the intention of testator"more important than before. The modern regulations and opinions and current theory on"testator's intention"are subjected to"the theory of original intention of author"of the universal hermeneutics, however, this theory has been criticized by the philosophical hermeneutics with the universal hermeneutics turning to ontology. It is impossible that the interpreter makes"impersonal interpretation"without personal value or prejudice while hunting for the intention of testator ;and the adjudgement shall be the reasonable and acceptable conclution in the course of the dialogue between interpreters and texts, interpertors and interpreters rather than be right or wrong. On the one hand, in the course of hunting for the intention of testator we shall boldly admit it is impossible to reproduct"the intention of testator"to consider the multiplicity of understanding; on the other hand we shall not give up the cognitive direction of hunting for"the intention of testator"to esablish new the judgment standard of interpretation.