Abstract
In this paper I want to briefly explore aspects of the hermeneutic tradition in Western philosophy in the context of the continuing struggles by many countries to adapt their adopted legal systems to local cultures. In particular this will perhaps indicate the futility of maintaining such systems in non-western cultures with any realistic expectation that they will retain their essential or historical meanings and functions. This is based upon the view that law cannot be viewed as an object separate from its social context.
Highlights
The name Hermes comes from the Greek hermenuein which means "to interpret"
In this paper I want to briefly explore aspects of the hermeneutic tradition in Western philosophy in the context of the continuing struggles by many countries to adapt their adopted legal systems to local cultures. In particular this will perhaps indicate the futility of maintaining such systems in non-western cultures with any realistic expectation that they will retain their "essential" or "historical" meanings and functions. This is based upon the view that law cannot be viewed as an object separate from its social context
I want to briefly describe the emergence of what I will call the "dispute processing literature" which obliquely reflects some of the insights and issues of the earlier mentioned theorists and is interesting to consider in this context
Summary
Zeus warned Hermes that he must respect the rights of property and refrain from telling downright lies; but he could not help being amused. In this paper I want to briefly explore aspects of the hermeneutic tradition in Western philosophy in the context of the continuing struggles by many countries to adapt their adopted legal systems to local cultures. In particular this will perhaps indicate the futility of maintaining such systems in non-western cultures with any realistic expectation that they will retain their "essential" or "historical" meanings and functions. The first will be to briefly describe the work of one of the most prominent contemporary hermeneutic philosophers, Hans-Georg Gadamer In this part I want to consider several other contemporary theorists whose work may be said to complement his. Hans-Georg Gadamer has been the principal contemporary advocate of the hermeneutic tradition
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