The Social Sciences

Year: 2016
Volume: 11
Issue: 13
Page No. 3357 - 3360

Main Ideas of the Legal Hermeneutics

Authors : Pavel P. Baranov and Alexey I. Ovchinnikov

Abstract: The Hermeneutics the term of the Greek origin having some close values art of the interpretation of ancient religious and historical texts, literary monuments, in writing recorded manifestations of life, the doctrine of the principles of their interpretation. The general basis of all these values “does clear”, “bring to understanding. In research the theoretic-methodological problems of the legal hermeneutics are analyzed, the overview of its primary subjects and the directions is given, the characteristic of legal thinking from the hermeneutics is offered, the argumentation of its recognition is provided as the philosophical and legal paradigm. Locates that at the heart of the legal hermeneutics the strong protest against scientism and technocratic tendencies of modern political and legal thinking is located. Is shown that the legal hermeneutics proceeds from sociocultural factors in the genesis of the right that especially, actually today when the threat to cultural pluralism became obvious in connection with globalization processes. Research consider that the legal hermeneutics allows consistently (unlike numerous mechanical and plastic models of “synthetic right understanding”) “conciliate” legal positivism and natural law doctrines, different on the basis. The legal hermeneutics represents a unique approach to the right and is not reduced to the theory of interpretation or interpretation of the right. The researchers ended the study with these conclusions recognition of another is the cornerstone also of humility and love for the neighbor. Without at least some share of humility and love for the neighbor neither communication with another, communication, knowledge acquisition, need to influence other people has a huge impact on the genesis of thinking, to convince and induce them to certain actions, capability to understand these actions are communication and philosophical and legal value of hermeneutic approach to the right leads to thought that right roots at all not in fall of the person, not in initial perversity of the person egoism and in spiritual life of the personality, in the nature of the conceiving and communicating person.

How to cite this article:

Pavel P. Baranov and Alexey I. Ovchinnikov, 2016. Main Ideas of the Legal Hermeneutics. The Social Sciences, 11: 3357-3360.

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