ERMENEUTICA FILOSOFICA, PLURALISMO E DIRITTO

Abstract

The purpose of this essay is to show that philosophical hermeneutics is
particularly suited for facing problems of understanding among different cultural worlds.
These issues are relevant even for legal interpretation that, now more than ever, is not up
against culturally homogeneous societies and against legal systems shaped by a single source
or by a steady hierarchy of sources. Therefore, philosophical hermeneutics’ approaches to
intercultural dialogue can be useful to the present practice of legal interpretation, not by
building new interpretative methods, but by clarifying contexts which give significance to
legal practice. The paths trodden by legal philosophical hermeneutics are devoted to the
understanding of texts which have a paradigmatic feature for jurists’ work and to the
identification of legal practice’s ends and values. These paths are complementary, not
alternative. The historic consciousness and the practice reason are both essential for the
discovery of legal meaning, within which legal interpretation articulates.