A hermenêutica de Hans-Georg Gadamer

The Constitution of 1988 represents a change of paradigm in the Brazilian law. From this change of model, it is necessary to investigate the performance of duty, from the philosophical hermeneutics. Hence the need to understand the law from being-in-the-world (In-der-Welt-Sein). Th e legal thought c...

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Bibliographic Details
Main Author: Cleyson de Moraes Mello
Format: Article
Language:English
Published: Centro Universitário de Valença 2012-06-01
Series:Revista Interdisciplinar de Direito
Subjects:
Online Access:http://revistas.faa.edu.br/index.php/FDV/article/view/503/381
Description
Summary:The Constitution of 1988 represents a change of paradigm in the Brazilian law. From this change of model, it is necessary to investigate the performance of duty, from the philosophical hermeneutics. Hence the need to understand the law from being-in-the-world (In-der-Welt-Sein). Th e legal thought can not be designed from a predominantly caused by the limits of reason and built with the power of abstract rationality. It is in this sense that, given the striking ineff ectiveness of classical hermeneutics, methodological in your origin, it is necessary to construct a theoretical strength that point to the construction of the conditions of possibility of understanding the law, as a way of being-in-the-world.
ISSN:1518-8167
2447-4290