Ermeneutica filosofica, pluralismo e diritto (Philosophical Hermeneutics, Pluralism and Law)

Abstract

The purpose of this essay is to show that philosophical hermeneutics is particularly suited for facing problems of understanding among different cultural worlds. These issues are relevant even for legal interpretation that, now more than ever, is not up against culturally homogeneous societies and against legal systems shaped by a single source or by a steady hierarchy of sources. Therefore, philosophical hermeneutics’ approaches to intercultural dialogue can be useful to the present practice of legal interpretation, not by building new interpretative methods, but by clarifying contexts which give significance to legal practice. The paths trodden by legal philosophical hermeneutics are devoted to the understanding of texts which have a paradigmatic feature for jurists’ work and to the identification of legal practice’s ends and values. These paths are complementary, not alternative. The historic consciousness and the practice reason are both essential for the discovery of legal meaning, within which legal interpretation articulates.