Gadamer's Interpretation Of The Law School Thinking

Gadamer's philosophical hermeneutics study the history of thought in the interpretation of the history of an extremely important position to explain its philosophy to create a study set up a system to explain the history of the second study Copernican revolution, to complete the explanation of the methodology to the study by the ontology complete turn, laid the study to explain their philosophy and the history of the status of expression.It is in this larger context of this article attempts to explain the philosophy of Gadamer study analysis to explore its impact on legal interpretation.Chapter I of this article from the main representative of the thought and opinion in the study and philosophy to explain the interpretation made a study card. And separately for Schleiermacher, Dilthey, Heidegger and Gadamer's hermeneutic theory one by one to do the introduction.That Gadamer's philosophical hermeneutics theory (with its three core concepts: pre-understanding, the effect of history and the fusion of horizons) for the law to the interpretation of the study guide and reference.Gadamer thesis to explain the second part of study to learn the meaning of legal interpretation. Explained that the study will be limited to our vision of simple text, legislators, or the current policy is expected, can assist in obtaining legal meaning of truth. These perspectives should be concerted efforts and complement each other.Gadamer's Hermeneutics as a legal interpretation of the current interpretation of the text, as well as perspective and the historical perspective of the legislators of the dialogue between. Legal interpretation of the dialectic is not archeology or text of the opinion and the imposition of the interpreter, the interpreter nor the views of their own to replace the opinion of legal texts, but between these different points of view fruitful dialogue.At the level of theory, Gadamer's explanation of the legal interpretation of dynamic study provides an important foundation of philosophy, will help build a general theory of legal interpretation and legal interpretation to consider some special problems, such as the interpretation of rules, legislative history and legal precedent for the use of such issues as the role to help.The third part of our thesis study can type from the object to the legal interpretation of Gadamer's main opinion in the legal interpretation of some of the insights. To Gadamer's philosophical theory on the basis of the objection, for Gadamer dynamic theory of legal interpretation there are three objections.Of course, the majority of anti-democratic concern for the plight of legal culture in the West are for the judges before a total understanding, and also help ensure that judges in the legal interpretation of the law can in a responsible way should be interpreted. However, the interpretation of the study are inspired by the plight of the anti-democratic and the majority can not take a more restrictive approach to the solution.The first has been widely involved in the "anti-democracy and the plight of the majority", the dynamic object to the view that legal interpretation of the disregard of Parliament as a primary or even exclusive constitutional status of the main legislation. Object to the views of this problem is to explain the study has indicated that for a long time ago through the interpretation of the law the judge will inevitably have to use their creativity, and creative use of such would also be welcome.From a philosophical level, the focus of the study to explain the conversion affect the development of the theory of legal interpretation to the traditional theory of legal interpretation will explain the intention of the legislators as a way to trace the digestion of the historic justice to explain the study to make this ontological shift attempt to become unattainable utopia, but this has strengthened the legal interpretation and the Deconstruction of creative uncertainty the rule of law, and the modern theory of legal interpretation will explain the methodology of the study in its ontological framework, the implementation of ontological hermeneutics legal interpretation of the meaning of the construction.The fourth part of the main thesis of the first three parts of an integrated and summed up. This section of the summary to explain and summarize the study, to describe Gadamer Philosophical Hermeneutics completely set up at the thought ontological hermeneutics, the study of its ontological interpretation of the idea of the impact of legal interpretation.