The traditional theory of legal interpretation has been worked out with reference to culturally homogeneous societies and on the basis of priority of domestic law.Nowadays both of these conditions has been vanished, because of cultural and legal pluralism. In this paper I aim to show that legal hermeneutics can cope with the problems that have been risen by contemporary pluralism. The main difficulty stems from the fact that philosophical hermeneutics too seems to necessarily require a kind of cultural homogeneity and steadiness that cannot be presupposed anymore.
Viola, F. (2012). Ermeneutica giuridica e pluralismo. ARS INTERPRETANDI, 1(1), 21-39.
Ermeneutica giuridica e pluralismo
VIOLA, Francesco
2012-01-01
Abstract
The traditional theory of legal interpretation has been worked out with reference to culturally homogeneous societies and on the basis of priority of domestic law.Nowadays both of these conditions has been vanished, because of cultural and legal pluralism. In this paper I aim to show that legal hermeneutics can cope with the problems that have been risen by contemporary pluralism. The main difficulty stems from the fact that philosophical hermeneutics too seems to necessarily require a kind of cultural homogeneity and steadiness that cannot be presupposed anymore.
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