Philosophical hermeneutics and pragmatic judicial activity: approaches
DOI:
https://doi.org/10.5102/rbpp.v5i2.2930Keywords:
Hermenêutica – Hans-Georg Gadamer – Pragmatismo – Richard Posner –– ComparaçãoAbstract
The field of study concerns the philosophical hermeneutics of Hans- -Georg Gadamer and his approach of pragmatic judicial activity established by Richard Posner. This idea came from the initial contact with Posner’s pragmatism, especially as a result of reading the book Moral and Legal Issues in Theory and interfaces built during the semester result of contact with the Truth and Method Gadamer’s work. The idea is to make a comparison between the works, which meant that other jobs were not indicated. The conclusion was the great sense of compatibility and complementarity between the authors, because the interdisciplinary approach suggested by Posner assists in constructing better understanding on the part of the interpreter, a central idea in Gadamer’s work.References
BERMUDEZ, Pedro Serna. De la Argumentacion Juridica a la Hermeneutica. Granada. Editorial Comares. 2005.
COELHO, Inocêncio Mártires. Da Hermenêutica Filosófica a Hermenêutica Jurídica. São Paulo. Saraiva. 2010
GADAMER, Hans-Georg. Verdade e Método I. Traços fundamentais de uma hermenêutica filosófica. Petrópolis. Vozes. 13ª Ed. 2013.
POSNER, Richard A. A Problemática da Teoria Moral e Jurídica. Tradução de Marcelo Brandão Cipolla. São Paulo. Martins Fontes. 2012.
POSNER, Richard A. Para além do Direito. Trad. Evandro Ferreira e Silva. São Paulo. Martins Fontes. 2009,
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