This article is derived from a doctoral research, and proposes how the positivist vision of law distorts the circular, explanatory and comprehensive structure of philosophical hermeneutics, to turn it into a linear methodological criterion incapable of solving a complex problem. Five philosophical conditions which law must integrate to its dynamics of inteprretation are stated. Finally, it is stated case study of family law, which evidences the philosophical inaccuracies of judicial hermeneutics. It is a qualitative hermeneutical research with an inductive rationalist approach in attention to the selected case study.
|Translated title of the contribution||Philosophical conditions of judicial hermeneutics: A case-study on family law|
|Number of pages||25|
|Journal||Revista de Filosofia (Venzuela)|
|State||Published - 2021|