TUMAČENJE PRAVA: OD PRAVNOG FUNDACIONIZMA DO PRAVNE HERMENEUTIKE
INTERPRETATION OF LAW: FROM LEGAL FOUNDATIONALISM TO LEGAL HERMENEUTICS

Summary/Abstract: This paper will explore the relationship between natural law theory, legal positivism, and legal hermeneutics in interpreting legal norms. This work investigates the transition from foundationalism, which bases law on specific objective values, to legal hermeneutics, which emphasizes the importance of interpretation in understanding law. The focus is on the change in perception of law, from an idea founded on objective norms to an understanding of law as a concept that relies on philosophical rather than solely legal interpretation. The central question of the paper – “What is the essence of law?” – serves as a starting point for examining the history and evolution of the idea of law, reevaluating its significance through the prism of legal hermeneutics. The paper also explores how legal interpretation is vital in the philosophy of law, highlighting the differences between traditional theories of natural law and legal positivism and the newer, increasingly present legal hermeneutics.

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