Tradycje badawcze hermeneutyki prawa – od Schleiermachera do Amseleka
The Research Traditions of Legal Hermeneutics – from Schleiermacher to Amselek

Author(s): Maria Gołębiewska
Subject(s): Philosophy, Phenomenology, Hermeneutics
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: hermeneutics; law; interpretation; statutory interpretation (Auslegung); norm; phenomenology
Summary/Abstract: The purpose of the text is to discuss research traditions of legal hermeneutics, in the domains of which appeared and appear some questions specific to this type of hermeneutics. Research issues of legal hermeneutics, primarily regarding the questions of interpretation and statutory interpretation (Auslegung), are sometimes characterised slightly differently from the issue of ontological, theological or literary hermeneutics. It was these differences that Hans-Georg Gadamer devoted a lot of attention to, among others, analysing them in considerable detail in "Truth and Method". The purpose of the initial part is to discuss the specific research positions of legal hermeneutics in reference to theses and postulates of general hermeneutics. Subsequently, the history of legal interpretation is briefly presented (among others, the theses of Francis Lieber and Arthur Kaufmann, a polemic critical of the hermeneutics of Hans-Georg Gadamer). Two basic research contexts have been identified and distinguished, in relation to which legal interpretation is considered – next to the hermeneutic context is the narrower and stricter context of language analyses (argumentation logic, semiotics, semantics, theory of speech acts). This second context is particularly present in the semiotic and semantic approach to legal interpretation.

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