Search results for: hermeneutics (germenevtica).

Authors: Nuraddin Sadykov, Saule Erzhanova, Akmaral Dalelbekkyzy, Mukhit Tolegenov

Abstract:

This article provides a comparative analysis of poetries of diverse nations around the world while largely focusing on Kazakh lyric poetry (Kazakh zhyraulyq oneri). Alongside, it sheds the light to the historical development and contemporary progress path of foremost poetry school located along the Syr Darya coast. Hereby, it-s content and central motives are examined.

Keywords: Lyric poetry (zhyraulyq oner), poet-musician (zhyrshy), Sufi tradition (sopylyq dastur), hermeneutics (germenevtica).

Authors: Juho Lindholm

Abstract:

Practical hermeneutics explores the emergence of meaning in scientific practice. Visual hermeneutics is its subclass which explores the emergence of meaning in instrumentally mediated interactions with scientific objects. There remains to be explained, upon what theory of meaning their discussions are based. Linguistic theories of meaning seem utterly inappropriate for the analysis of the non-linguistic meanings that such hermeneutics invoke. In this article, it will be shown by conceptual analysis that the so-called “pragmatic maxim” provides sufficient resources for the philosophical analysis of such meanings. The “pragmatic maxim” states that the meaning of a thing consists in the potential practical effects of that thing. Because this notion is not confined to language, it can be broadly applied to anything meaningful, including practices and the instruments which are part of practices.

Keywords: Hermeneutics, philosophy of science, pragmatism, theory of meaning.

Authors: Guelfo Carbone

Abstract:

The paper focuses on Heidegger’s 1919-1920 early research in order to point out his hermeneutical phenomenology of the life-world, arguing that the concept of world (Welt) is the main philosophical trigger for the phenomenology of factical life. Accordingly, the argument of the paper is twofold: First, the phenomenological hermeneutics of facticity is preceded both chronologically and philosophically by an original phenomenological investigation of life-world, in which the world is construed as the context of the givenness of life. Second, the phenomenology of life-world anticipates the question of being (Seinsfrage), but it also follows it, once this latter is shattered, the question of world as event remaining at the very core of Heidegger’s last meditations on the dominion of technology and the post-metaphysical abode of human beings on earth.

Keywords: Life-world, Heidegger, phenomenology, hermeneutics.

Authors: Thiago R. Pereira

Abstract:

The philosophical hermeneutics is able to change the Brazilian Judiciary because of the understanding of the characteristics of the human being. It is impossible for humans, to be invested in the function of being a judge, making absolutely neutral decisions, but the philosophical hermeneutics can assist the judge making impartial decisions, based on the federal constitution. The normative legal positivism imagined a neutral judge, a judge able to try without any preconceived ideas, without allowing his/her background to influence him/her. When a judge arbitrates based on legal rules, the problem is smaller, but when there are no clear legal rules, and the judge must try based on principles, the risk of the decision is based on what they believe in. Solipsistically, this issue gains a huge dimension. Today, the Brazilian judiciary is independent, but there must be a greater knowledge of philosophy and the philosophy of law, partially because the bigger problem is the unpredictability of decisions made by the judiciary. Actually, when a lawsuit is filed, the result of this judgment is absolutely unpredictable. It is almost a gamble. There must be the slightest legal certainty and predictability of judicial decisions, so that people, with similar cases, may not receive opposite sentences. The relativism, since classical antiquity, believes in the possibility of multiple answers. Since the Greeks in in the sixth century before Christ, through the Germans in the eighteenth century, and even today, it has been established the constitution as the great law, the Groundnorm, and thus, the relativism of life can be greatly reduced when a hermeneut uses the Constitution as North interpretational, where all interpretation must act as the hermeneutic constitutional filter. For a current philosophy of law, that inside a legal system with a Federal Constitution, there is a single correct answer to a specific case. The challenge is how to find this right answer. The only answer to this question will be that we should use the constitutional principles. But in many cases, a collision between principles will take place, and to resolve this issue, the judge or the hermeneut will choose a solipsism way, using what they personally believe to be the right one. For obvious reasons, that conduct is not safe. Thus, a theory of decision is necessary to seek justice, and the hermeneutic philosophy and the linguistic turn will be necessary for one to find the right answer. In order to help this difficult mission, it will be necessary to use philosophical hermeneutics in order to find the right answer, which is the constitutionally most appropriate response. The constitutionally appropriate response will not always be the answer that individuals agree to, but we must put aside our preferences and defend the answer that the Constitution gives us. Therefore, the hermeneutics applied to Law, in search constitutionally appropriate response, should be the safest way to avoid judicial individual decisions. The aim of this paper is to present the science of law starting from the linguistic turn, the philosophical hermeneutics, moving away from legal positivism. The methodology used in this paper is qualitative, academic and theoretical, philosophical hermeneutics with the mission to conduct research proposing a new way of thinking about the science of law. The research sought to demonstrate the difficulty of the Brazilian courts to depart from the secular influence of legal positivism. Moreover, the research sought to demonstrate the need to think science of law within a contemporary perspective, where the linguistic turn, philosophical hermeneutics, will be the surest way to conduct the science of law in the present century.

Keywords: Hermeneutic, right answer, solipsism, Brazilian Judiciary.