Legal knowledge denotes an activity aiming at the representation, reconstruction, systematization, conceptualization and explanation of phenomena regarding legal experience. Legal knowledge, that implies understanding, is always internal to law as a purposive activity. From a hermeneutical point of view, understanding is the interplay of the movement of tradition and the movement of the interpreter. It requires an internal point of view, the point of view of the participant. Legal knowledge consists of socially constituted and approved patterns. When we talk about “legal knowledge” we talk about “legal science”. Legal hermeneutics is aware of legal science’s participation in legal discourse. Legal science contributes to pronouncing and safeguarding the law’s ratio. In such a way it participates in the continuous development of the legal order. Knowing the law is associated with its praticability.
Legal Knowledge: The Hermeneutical Point of View
PASTORE, B.
2019
Abstract
Legal knowledge denotes an activity aiming at the representation, reconstruction, systematization, conceptualization and explanation of phenomena regarding legal experience. Legal knowledge, that implies understanding, is always internal to law as a purposive activity. From a hermeneutical point of view, understanding is the interplay of the movement of tradition and the movement of the interpreter. It requires an internal point of view, the point of view of the participant. Legal knowledge consists of socially constituted and approved patterns. When we talk about “legal knowledge” we talk about “legal science”. Legal hermeneutics is aware of legal science’s participation in legal discourse. Legal science contributes to pronouncing and safeguarding the law’s ratio. In such a way it participates in the continuous development of the legal order. Knowing the law is associated with its praticability.I documenti in SFERA sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
