Ermeneutica esistenziale

Translated title of the contribution: [Autom. eng. transl.] Existential hermeneutics

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The writing is the result of reading a volume entitled "Beyond uncertainty", in which the author, Giuseppe Benedetti, explains his ideas on the task of the civil lawyer today, in particular as an interpreter of new norms that modernity crowds into sorting. The novelty of the facts and rules makes the work of the interpreter increasingly problematic, whose categories of processing of the normative data often prove inadequate, prompting a reformulation. The contemporary jurist therefore lives in the tension between hermeneutics and dogmatics, between the need to interpret the legislative text and the need to insert it into the systematic context, which in turn is continually rethought, without which the legal system risks uncontrollability. It is a question of recovering normativeness in the face of a facticity that risks suffocating it. In carrying out this task, the a. of this essay he gives the name 'comprehensive hermeneutics' to signify the value that Benedetti attributes to a hermeneutics that has become adult, in which the understanding of the text and the self-awareness that supports the interpreter in this ordeal become one.
Translated title of the contribution[Autom. eng. transl.] Existential hermeneutics
Original languageItalian
Pages (from-to)173-185
Number of pages13
JournalEUROPA E DIRITTO PRIVATO
Publication statusPublished - 2021

Keywords

  • dogmatic
  • dogmatica
  • ermeneutica
  • hermeneutics

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