FRINK Linked Data Fragments server

Matches in SemOpenAlex for { <https://semopenalex.org/work/W299203436> ?p ?o ?g. }

• W299203436 abstract "Legal Hermeneutics and interpretation have been a constant subject of study and reflection in the passing of years and centuries.The term translates the noun greek hermeneutics' eρμηνeία, which already appears in the dialogues of Plato, where the eρμηνeυτική τήχνη is connected with the μαντική τήχνη (Plato, Statesman, 260D, but see the Ion 534e); Aristotle devotes a treaty, the Πeρi 'eρμηνeίας.Studies carried out it seems that the Greeks (in addition to Plato and Aristotle already mentioned, we also Xenophon and Plutarch), using all eρμηνeία to describe not only what we usually call interpretation, but also the equivalent of those showing as a statement, explanation, translation, expression of thought, elocution. Subsequently there has been an evolution of the concept of hermeneutics that eρμηνeία reduces its own content, possibly after translation in Latin interpretatio, our hermeneutics, that set as a synonym for interpretation, thus ending the play implies a more narrower than the original eρμηνeία’s polisemantis.Humanity has always had issues before of interpretation, which has sought to give a solution, in different ways depending on the social and historical reality of the moment.Today's interest in the issue of interpretation is not linked either to specific theological and religious motives, such as, for example, in the age of the Reformation, or the rejuvenating experience of historical consciousness, initiated by Romanticism.One goal of this research project would be just to analyze the modification of the concept of interpretation over the centuries in trying to develop hypotheses that, taking into account the social reality of different historical periods compared, justifying this evolution, allowing us then to explore what the concept of hermeneutics the twenty-first century and the reasons that made it such.The scope of the law and legal experience in its broadest sense is beginning a land where, in addition to religious and as philological - literary, the problem is hermeneutics to outline in all its relevance right from antiquity. Sporadic and occasional observations on the difficulties concerning the interpretation of the law and acts that, somehow, for it refers, are present already in the pre-Socratic and are then taken up by sophistry, by the classical thinkers and those Hellenistic. It is mainly by the Roman civilization characterized by a very keen sense for the sphere of law, that the juris hermeneutica takes root and grows up to become a more significant element of the experience Western hermeneutics. With this research we compare the legal and philosophical hermeneutics, to be sure what has derived from the first and second thing, however, differentiates.It might be interesting to note that the hermeneutic thought is present everywhere, both in Germany as in Italy, with considerable similarities but also differences, just would like to dwell on them more to understand what they are to be determined. Juridical interpretation of contemporary spokenprimarily in Germany where, in the second half of the sixties and early seventies, the Neue Hermeneutik exercise an intense fascination and significant effects in some important areas of legal thought in Germany. Just in these years have in fact developed in Germany by some current methodological indicated by the name of Wertungsjurisprudenz, with that of other juristische Hermeneutik, to which belong such jurists J. Esser, A. Kaufmann, W. Hassemer, M. Kriel, K. Larenz, F. Muller.In Italy we could quote Betti, Gorla, Montanari, Zaccaria and many other authors whose thoughts we wish to compare with each other to give a more accurate picture possible of what wemight call the School hermeneutics.In recent years we have witnessed the rapid and progressive impose the problem of interpretation as central to philosophical reflection. The interpretation is not to only understand the meaning of texts but also the very sense of reality. The hermeneutic approach has not stopped, it was rather widely in many other areas of culture and knowledge, outside of studies and investigation more properly philosophical, so it does not seem too bold to assert that the field is a contemporary of the thinkable now mostly marked b y t h e p r o b l e m o f i n t e r p r e t a t i o n .Having determined the strong presence of hermeneutics in contemporary thought, here is appropriate to limit theinquiry to the prerequisites that have most affected the development of hermeneutics legal grounds on which hermeneutics is so important in thinking about law. The distance between the generality of the standard and the particularity of the case is irrepressible, that requires a continuous integration of the right to realize it. The goal of hermeneutics is to reconstruct Sein and Sollen, theory and legal practice in a more realistic and satisfactory, whereas the law is an intermediate necessarily incomplete and transient, which is determined on the contribution of those who apply the law with help hermeneutics.Hermeneutics is defined then by the legal recognition that the general and abstract rule structure reveals a necessarily incomplete, which can be interpreted only in the process of realization of the legal rule of interpretation in the decision of a case study. The problem then is a hermeneutical problem richtig (right) interpretation of the rule in view of the case.Place par excellence of hermeneutics can only be the trial, the court has to talk to the parties but also the theory and practice in order to reach a solution. Ultimate goal of this research is to identify what hermeneutics means richtig solution of the case. The jury is the result of a series of prejudgments, results of pre-assessments and, therefore, by its nature, the truth obtained in the courtroom is indeed precarious and provisional, specific solution to each case." @default.
• W299203436 created "2016-06-24" @default.
• W299203436 creator A5024315766 @default.
• W299203436 date "2010-01-23" @default.
• W299203436 modified "2023-09-27" @default.
• W299203436 title "Sull'ermeneutica giudiziaria" @default.
• W299203436 hasPublicationYear "2010" @default.
• W299203436 type Work @default.
• W299203436 sameAs 299203436 @default.
• W299203436 citedByCount "0" @default.
• W299203436 crossrefType "journal-article" @default.
• W299203436 hasAuthorship W299203436A5024315766 @default.
• W299203436 hasConcept C107993555 @default.
• W299203436 hasConcept C111472728 @default.
• W299203436 hasConcept C124952713 @default.
• W299203436 hasConcept C138885662 @default.
• W299203436 hasConcept C142362112 @default.
• W299203436 hasConcept C144024400 @default.
• W299203436 hasConcept C161191863 @default.
• W299203436 hasConcept C182767506 @default.
• W299203436 hasConcept C23987474 @default.
• W299203436 hasConcept C27206212 @default.
• W299203436 hasConcept C2777026412 @default.
• W299203436 hasConcept C2777688943 @default.
• W299203436 hasConcept C2777855551 @default.
• W299203436 hasConcept C2780422510 @default.
• W299203436 hasConcept C41008148 @default.
• W299203436 hasConcept C41895202 @default.
• W299203436 hasConcept C50379869 @default.
• W299203436 hasConcept C527412718 @default.
• W299203436 hasConcept C74916050 @default.
• W299203436 hasConcept C95457728 @default.
• W299203436 hasConceptScore W299203436C107993555 @default.
• W299203436 hasConceptScore W299203436C111472728 @default.
• W299203436 hasConceptScore W299203436C124952713 @default.
• W299203436 hasConceptScore W299203436C138885662 @default.
• W299203436 hasConceptScore W299203436C142362112 @default.
• W299203436 hasConceptScore W299203436C144024400 @default.
• W299203436 hasConceptScore W299203436C161191863 @default.
• W299203436 hasConceptScore W299203436C182767506 @default.
• W299203436 hasConceptScore W299203436C23987474 @default.
• W299203436 hasConceptScore W299203436C27206212 @default.
• W299203436 hasConceptScore W299203436C2777026412 @default.
• W299203436 hasConceptScore W299203436C2777688943 @default.
• W299203436 hasConceptScore W299203436C2777855551 @default.
• W299203436 hasConceptScore W299203436C2780422510 @default.
• W299203436 hasConceptScore W299203436C41008148 @default.
• W299203436 hasConceptScore W299203436C41895202 @default.
• W299203436 hasConceptScore W299203436C50379869 @default.
• W299203436 hasConceptScore W299203436C527412718 @default.
• W299203436 hasConceptScore W299203436C74916050 @default.
• W299203436 hasConceptScore W299203436C95457728 @default.
• W299203436 hasLocation W2992034361 @default.
• W299203436 hasOpenAccess W299203436 @default.
• W299203436 hasPrimaryLocation W2992034361 @default.
• W299203436 isParatext "false" @default.
• W299203436 isRetracted "false" @default.
• W299203436 magId "299203436" @default.
• W299203436 workType "article" @default.