Due to the transition from modernity to post-modernity, law and jurisprudence are both living a hard period. Most of the certitudes we have rely on – including our faith in the meaning of the words employed in the law – are vanishing. At the same time, as an effect of this transition, the space of interpretation – judicial interpretation as well as user interpretation – is increasing. Nevertheless, the law – as well as everything else – is always interpreted moving from many types of pre-comprehension, that is from a thick net of implicit notions which reveal the large role that the original culture of the interpreter, and the underlying religious matrix of the culture itself, plays herein. Achieving awareness that culture and/or religion act as a underlying pre-condition of legal interpretation is the first step to move for achieving a cross-cultural law.
società multireligiosa e interpretazione normativa
FERLITO, Sergio
2008-01-01
Abstract
Due to the transition from modernity to post-modernity, law and jurisprudence are both living a hard period. Most of the certitudes we have rely on – including our faith in the meaning of the words employed in the law – are vanishing. At the same time, as an effect of this transition, the space of interpretation – judicial interpretation as well as user interpretation – is increasing. Nevertheless, the law – as well as everything else – is always interpreted moving from many types of pre-comprehension, that is from a thick net of implicit notions which reveal the large role that the original culture of the interpreter, and the underlying religious matrix of the culture itself, plays herein. Achieving awareness that culture and/or religion act as a underlying pre-condition of legal interpretation is the first step to move for achieving a cross-cultural law.File | Dimensione | Formato | |
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