Juan Pablo Sterling Casas

Hermeneutics within the Communicational Theory of law: The Texts Theory

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Abstract

The Communication Theory of Law - TCD - of the Spanish professor Gregorio Robles Morchón assumed from the beginning the idea that Law is basically an exercise of communication of meanings. Using the theories of Dilthey and Gadamer, Robles rethinks the notion of text overcoming the limitation imposed by the classic view of positivism (now in crisis). Starting from Law as a hermeneutic exercise (Hermeneutic Theory of Law) and from an optimistic vision of hermeneutics, it will be shown how the tcd offers a revitalization of the hermeneutic work and becomes useful in the teaching of Law.

Keywords

  • Communication Theory of Law
  • Legal Hermeneutics
  • Legal Interpretation
  • Philosophy of Law
  • Theory of Texts

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