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Notes of legal hermeneutics

Anonim

Resorting to the use of historical sources and the restoration of the vital link to which hermeneutics belongs, provides us with new areas of understanding of the meaning of hermeneutical work.

Critical hermeneutics is opposed to considering that interpretation is a factor of reproduction, and that with it all misunderstandings can be eliminated, critical hermeneutics is supposed to be knotted with the unintended effects of communication that on more than one occasion determine to the intentional effects of hermeneutics seen in its functional sense, it is the "ideal" space where social chaos is annulled and "errors in interpretation" such as accidents or dysfunctions of social praxis are reduced to a minimum. The unintended effects, the chaos, do not disappear in the interpretation by only considering it accidental, this action means forcing the interpretation of reality, eliminating the living corporality and its linguisticity that does not conform to the functionality of that of the univocal society..

The proposed research problem can be translated into the following question: What are the new meanings of critical hermeneutics that highlights the linguistic nature of living corporeality and its permanent new ways of interpreting? The historical analysis of the development of hermeneutics -in this article- allows us to give an account of the vital meaning of the process of interpretation.

The hypothesis is that interpretation is not an absolute essence apart from the unintended effects of intentional actions. Interpretation is not the communicative resource to repress or control the interpretive exercise of the unintentional. In describing a historical analysis of hermeneutics, we find that it represents a contradictory process where the different forms of interpretation and the recognition of its foundations always open a space for future content.

A hermeneutic interpretation must realize that the univocal interpretation can homogenize certain particular areas of reality but cannot make its unintended effects disappear, since this situation limits the vital richness of the interpretation. We are certain that hermeneutics is a way of life, although in this article we will emphasize hermeneutical models as a methodological tool. This way of signifying it seeks to recover the interpretive capacity, critical hermeneutics helps us to give foundation to the fact that social praxis cannot be uncritical of its intentional and unintended effects.The elaboration of an article on hermeneutics -not only of theoretical importance- also responds as a condition of possibility to appeal against the society of univocal totalitarian discourse. It is a question of constructing a hermeneutic of the limit that serves to challenge the violence of the consensus that is deaf to its coercion and its arguments of hegemony. A hermeneutic articulated to criticism must produce space that is not limited to an established order, where interpretation plays a transcendental role to understand the risks we are in as a globalized society of univocal discourse.A hermeneutic articulated to criticism must produce space that is not limited to an established order, where interpretation plays a transcendental role to understand the risks we are in as a globalized society of univocal discourse.A hermeneutic articulated to criticism must produce space that is not limited to an established order, where interpretation plays a transcendental role to understand the risks we are in as a globalized society of univocal discourse.

We think that new forms of critical interpretation is one of the necessary conditions to generate spaces for dialogue with a discourse that is assumed and exercised as totalitarian. It would be an illusion of "bad infinity" to think that with critical hermeneutics, we will respond to all social problems in universal terms; exercising interpretation gives us better conditions of possibility for dialogue, whose condition is the exercise of vital rationality and is exercised for an analysis of the complex situation that we are going through today as humanity.

The semantic sense of the word represents a modality of access to reality to the reality of signs and their textuality, however, although this modality of compression and gives us a horizon of reflection, it must be seen as a necessary condition but it is not enough, its level of insufficiency is determined by the implication of the words with other production contexts. The previous statement requires an effort to understand new areas of reflection on what hermeneutics means. This implies the possibility of interpreting, detecting new directions and drawing conclusions in wider compression horizons.

We propose, now, a second moment of reflection that is located within some of the main historical stages of hermeneutic construction. Resorting to the use of historical sources and the restoration of the vital link to which hermeneutics belongs, provides us with new areas of understanding of the meaning of hermeneutic work. If the interpretive exercise is linked to the ethical work of solidarity responsibility for the life of all humanity, we will be generating a sense of rupture with the interpretation of totalitarian univocity.

With this work we propose to establish a consistent foundation for the work of all praxis of social transformation that is involved in solidarity responsibility for the life of all humanity. This means that hermeneutics reaches its "true essence" if we succeed in transforming the univocal position of the interpretive task. Bearing this consideration in mind, we will make a didactic historical cut that implies determining a starting point, which we will locate in Greek philosophy, in this line it is pertinent to take into account that hermeneutics does not arise in Greek culture, it is much older, it is already present in the mythical-religious rationality of the first agricultural civilizations of North Africa, however by a methodological resource, we will make the cut on the horizon of Greek thought.

Compression only becomes a task in need of methodological direction from the moment in which historical consciousness arises, which implies a fundamental distance from the present against all historical transmission. Greek hermeneutics works with themes such as rhetoric, understood as an active structure of language, it proposes that beyond the pure passive reception, the interpreter introduces new forms of meaning in language.

In Alexandrian times, hermeneutics does not mean firstly interpreting, but first of all it means bringing the new, the novelty of the message. In other words, Greek hermeneutics takes up the principles of the active role of the interpreter to tell us that if we want to find the meaning of the interpretation, it does not emerge as a theory of passive reception, but as a practice of active transmission as mediation. of what was said.

The relationship between ethics and interpretation has a key to reading in Socratic thought that introduces the feeling and spirit for novelty in the hope for new eras to come, this conception invades practically the entire philosophy of Socrates, which in addition to linking ethics with Interpretation showed that this was a privileged way of giving foundation to communicative action.

In the Socratic proposal, there is the necessary link between the past and the criticism of the present and the announcement of the new world. For him the interpretative link with the past did not have a linear correspondence with the present or the future, rather it contained a distancing in the consideration that the understanding of ancient texts underwent a process of decomposition, with which the interpretation was understood as a non-static reading of the past, rather it was an announcement for the always different future.

The rhetorical methods for Socrates, were complemented by the allegorical method that sought to adapt the archaic myths to the context of a society different from the one that generated them. Allegorical interpretation responds to the requirement to adapt tradition in another temporal context, this situation would give rise to one of the main problems of hermeneutics: the interpreter makes the not understood comprehensible, that which came to have a fuller meaning for generations present, on what was said by past generations.

Medieval European hermeneuts face the situation of whether certain ways of interpreting the biblical text are the only and valid for all humanity.

The foundations to justify this affirmation, were given in the assumption that the text was dictated by a divinity which meant a single meaning for its interpretation. "In the exegesis of Holy Scripture the interpretation aims above all at the definition of a univocal meaning."

This situation made medieval hermeneutics privilege the use of literary or historical analysis for the search for univocal meaning. Although it cannot be said that all medieval hermeneutics subscribed to this thesis, if it is important to consider that the exegesis of univocity, it was used almost by the vast majority to legitimize the ecclesiastical hierarchy and the ultimate destiny of humanity, which was only reserved for those who were included in the Catholic institution.

Agustín de Hipona in his works on linear time expresses the theme of exegetical univocity. For him, past times and future times are conceived as equivalent phases within cyclical recurrences, without beginning or end, with this thesis the meaning is denied for other ways of thinking which were called heretical and were excluded from context of interpretation of the sacred text.

At the end of the European Middle Ages, the univocal interpretation of a text acquires a sense of normative value for all interpretation. This praxis leads to the justification of a historical-institutionalized community -through the formal interpretation of the text- even reaches the limit between the life-death of the subject who does not accept the univocity of the interpretation.

In terms of the construction of new forms of thought, what happens is the dogmatization of the text in its content and model of interpretation, preventing the advance of hermeneutics. Renaissance studies ended up changing the conception and models of interpretation that were held in the European world. The works of Thomas More and Erasmus of Rotterdam place a significant emphasis on Latin, Greek, and Hebrew. Through these works, the Renaissance confronted the institutional world of the Middle Ages with the recovery of ancient Greek, Roman and Christian cultures in their most original stages.

It was considered by the Renaissance utopians that Christianity had lost its original foundations and that these - could be recovered - if it has as a motive, to return to the "originally more evangelical" life of the early Christians, which was supposed a search in the principles of community life for the great doses of existential truth that the medieval world had forgotten, and that the modern world to come, privilegedly guided by practical rationality, seemed not to understand. This new teacher model is based on the intention of linking theory with practice and action. He is a cultivator of rhetoric, the ethical illusion of the utopia of a future different from the past and a critic of the present through the study of interpretive criticism and its relationship with praxis.These will be the characteristics of the hermeneutic of rebirth.

Bibliography

KUHN, Tomas (1983). The structure of scientific revolutions, Economic Culture Fund, Mexico, 5th.

LONERGAN, Bernad (1993). Method in theology, Sígueme Salamanca, Salamanca.

NICOL Eduardo (1997). The principles of science, Economic Culture Fund, Mexico, 4th.

Notes of legal hermeneutics