Post-Classical Legal Philosophy: an Analysis of Hermeneutic Aspects
Roman V. TkachenkoYear: 2023
UDK: 340.11
Pages: 79-85
Language: russian
Section: LAW
Keywords: paradigm, contextuality, hermeneutics, law, post-classical philosophy, communication, legal consciousness, hermeneutic circle, dialogueness
Abstract
The paper analyzes specific issues regarding the hermeneutic analysis in the field of jurisprudence. One of the problems under consideration is that of changing interpretations of the essence of law as compared with scientific paradigm shifts. The paper postulates that when considered within the post-classical paradigm, the problem of analyzing the essence of law inevitably overlaps with other concepts of sociological and anthropological nature. In this particular case, the multiplicity of theories generated by the principle of proliferation serves as a rich environment for developing new concepts of legal philosophy. This aspect that seeks to develop an integrative concept of legal understanding can also be actively traced in the philosophy of law of the XXI century. The paper then explores certain aspects of legal philosophy which have to do with the problem of text interpretation, one of them being that of the meaning of contextuality as part of the post-classical legal theory.