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Hermeneutical approach to law: Philosophical hermeneutics of Hans-Georg Gadamer

2019
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Advisor: Prof. Dr. Yasemin Işıktaç

Abstract (EN)

Gadamer has seen the hermeneutic not as a method, but as a discipline. He tries to describe the act understanding as a universal phenomenon. From Giambattista Vico is the social sciences needed a different approach then the natural sciences. For Vico it is because of this, that we ae both the subject and the object of the social sciences. Becuse of this the knowledge of social sciences is more familiar to us. Understanding is an act, which the text has its own issue. By understanding the authority of writer is wiped. That happens in tradition and prejudice. The subject meets with the Other. This meeting is a conversation by dialog with the Other. It is called the fusion of the horizons. For Gadamer it is a conversation proces of parts. The phiolosophical hermeneutic of Gadamer takes as aexample juristical hermeneutic. This is a very important for philosophy of law. Juristic hermeneutic is a mediation between past and present, law and fact. Phiolosophical hermenutic of Gadamer is a very important possibility at interpretation of law, cunstruction of material reality by judgement, equity and justice, marginalization of weak groups juristic language. Keywords: Hermeneutics, Gadamer, phiolosophical hermeneutik, equity, justice, interpretation of law.

Author

Dr. Melike Belkıs Aydın

How to Cite

Melike Belkıs Aydın (Doctorate thesis). Hermeneutical approach to law: Philosophical hermeneutics of Hans-Georg Gadamer, 2019, İstanbul University.

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