Problematic Issues with Hermeneutics in Law

Abstract

This paper deals with problematic understanding of legal texts. Hermeneuticapproaches are reflected in various opinions regarding the understandingand interpretation of the text. The interpretation is presentedin light of the research from both legal and philosophical sciences. Theviews of lawyers and philosophers of continental Europe as well as commonlaw systems in relation to hermeneutics are analyzed.The actuality of the issue is due to the fact that the problem discussed inthe jurisprudence is not yet solved. There is no uniform approach to theissue; the principles set out in action are not explicitly defined. There isno unified strategy. All this creates difficulties in the implementation ofpractical activities.In the presented work the establishing of principles is given special importance.Understanding the text as the main goal of Hermeneutics is setas the unity of the two processes. First of all, it is the correct understandingof the will expressed, and then the correctly perceived will be passedto whom this norm is directed to. These two processes should be harmoniouslyinterconnected so that an interpretation can be achieved with thedesired goal and the text will not add new vagueness.The article discusses subjective and objective theories of comprehensionand their positive sides as well as their shortcomings. The focus is on thegoals of Hermeneutics and the tasks that should be carried out by the textinterpreter. Hermeneutic activity is presented as a synthetic connectionof the three elements that are considered: the author of the text, the textitself, and the subjective subject.In conclusion, it is suggested that since the importance of the text in thejurisprudence is given special attention, the goal of interpretation mustmatch the goals of the law. The objectives of the law are based on socialaspirations and their will, and therefore the principles of interpretationshould be determined based on the will of the public.