Hermeneutical Aspects Research Articles

HERMENÊUTICA NO JUDICIÁRIO: REDUZINDO EXCESSO DE PROCESSOS

The Brazilian judicial system faces significant overload, raising serious ethical and practical concerns. This article seeks to explore the causes of this problem, highlighting the phenomenon of "predatory demands" and the underutilization of consensual means of conflict resolution. Alternatives are proposed to address this situation, aiming not only to improve the efficiency of the system but also to promote greater justice. Additionally, aspects of hermeneutics and legal argumentation are examined, emphasizing their importance in the interpretation and resolution of legal conflicts.

Mismanagement and misinterpretations in asylum interviews: Perspectives from South Africa and Sweden

Abstract This article explores the interactions between key actors in asylum interviews in South Africa and Sweden. It is based on forty-one interviews with asylum seekers, interpreters, state officials, and legal representatives. The analysis is guided by theories on professional encounters, bureaucratic violence, and interdependence. The result is presented in two themes: the emergence of mismanagement due to repressive policies and cost-cutting measures, and misinterpretation due to poor interpretation services and failure to recognize the hermeneutic aspects of asylum seekers’ claims. These issues lead to mistrust in the asylum system and in each other’s capacities, as key actors fail to take joint responsibility for the interview act and its outcome. The conclusion is that all key actors operate within a destructive process of mistrust, reinforced by an increasingly repressive political framework as its strongest driving force.

Когнитивная и методологическая сторона герменевтики в свете концепций социального и эмоционального мозга

The article examines popular conceptions of social and emotional intelligence that allow the question of the specificities of the social sciences and humanities to be revisited in a new context. On the one hand, the example of hermeneutics draws attention to the fundamental difference between the social and human sciences and the natural sciences. On the other hand, in light of recent research on social and emotional intelligence and the conceptions of the social and emotional brain, the authors aim to justify the possibility of distinguishing between the cognitive and methodological aspects of hermeneutics. The article reviews popular cognitive studies that demonstrate current trends in the study of the social nature of human beings. It raises the question of the prospects for modern scientific justification of the social and humanitarian problems raised by hermeneutics in the 20th century, and the possibility of using the experience accumulated by hermeneutics in the study of the intuitive side of human understanding for the further development of conceptions of the social and emotional brain.

Mathematical understanding (hermeneutic aspects of educational activities)

The article discusses the issues of mathematical understanding as an educational practice of identifying the algorithmic meanings of mathematical (mathematized) educational texts. The hermeneutic orientation towards following the “guiding thread of language” (G.-G. Gadamer), as it is shown, cannot be narrowed to the attitude towards natural languages inherent in humanitarian educational practices. The “common place” of mathematical understanding in educational practices is: some of created languages (of scientific communication) being consolidated around the mathematical installation are not reducible to its sign universality or educational generalizations. But it often turns out to be outside the field of view of practicing teachers, in a didactically abstract position. The article substantiates the possibility of rehabilitating the hermeneutic attitude in mathematical education in connection with its development and strengthening in understanding the prerequisites for the algorithmic solution of mathematical problems (the need for additional information, non-standard solution techniques, transfer of educational goal setting to the area of interdisciplinary relationships or life experience, etc.). The author shows and comments on the effectiveness of the hermeneutic approach in mathematics education using examples of solving problems in algebra, geometry and in constructing mathematical models of various physical processes.

Philosophical hermeneutics and scientific and pedagogical activities

Importance. Maintaining a continuous, equal dialogue between teachers and philosophers is one of the conditions for achieving the main humanitarian and educational goal – the upbringing of a spiritual and moral, comprehensively developed, socially responsible personality. Scientific and pedagogical activity is based on a certain system of philosophical and ideological ideas, principles and ideals that enrich and stimulate the development of educational thought and practice. Currently, the experience of philosophical hermeneutics, one of the directions of Western thought, is in great demand in educational practice. Hermeneutical theories influence the formation and formation of a special science – pedagogical hermeneutics. The principles of hermeneutics are increasingly being used as a theoretical and methodological basis for discussing and critically comprehending traditional pedagogical problems, such as methods of teaching and upbringing in the field of social sciences and humanities, assessment of the quality of education, the content and meaning of pedagogical activity. The ideas and positions of hermeneutics resonate in discussions about qualitative research. Hermeneutics helps to comprehend the genuine difficulties of interpretation that each individual faces in everyday life and professional activities. The purpose of the research is to reveal the possibilities of applying the experience of philosophical hermeneutics in the structure of scientific and pedagogical activity. To achieve this goal, the characteristic features and principles of hermeneutics as a philosophical tradition are considered, the cognitive potential of the hermeneutical approach in scientific and pedagogical practice is clarified.Materials and Methods. The following methods and approaches are used: 1) using the comparative historical method, the process of formation and development of philosophical hermeneutics is revealed, its conceptual evolution is analyzed; 2) the fundamental method of interpretation is used to work with texts of prominent representatives of philosophical hermeneutics; 3) the application of an interdisciplinary approach is due to the combination in the study of various fields of knowledge: philosophy, pedagogy, linguistics, psychology; 4) on the basis of a systematic approach, an analytical description of the applied aspect of philosophical hermeneutics for pedagogy is provided. The historical and philosophical reconstruction of the ideas and principles of hermeneutics was carried out on the basis of the works of F. Schleiermacher, W. Dilthey, M. Heidegger, G.-G. Gadamer. The specificity of the hermeneutical methodology is comprehended against the background of the positivist methodology opposite to it.Results and Discussion. The cognitive potential of the hermeneutical approach in scientific and pedagogical practice is considered. It is noted that this approach provides the teacher with an understanding of the meaning of key educational terms, which helps to avoid situations of conceptual confusion in pedagogical communication. Understanding and interpretation can cause certain difficulties for students themselves when they relate to the content of various texts. In such cases, the teacher should find out the causes of the difficulties that arise, and help the students overcome them. It is emphasized that hermeneutics forms a specific style of thinking with a clearly pronounced anti-positivist orientation. The widespread opinion about the teacher as a subject of educational activity and the bearer of genuine knowledge, which he must “put into the heads” of students, in hermeneutics gives way to the idea of learning as a process of mutual creativity, cooperation between the teacher and the student. The role of the teacher is reduced to creating conditions that ensure the “merging of horizons” of participants in pedagogical activity. Hermeneutics stimulates the formulation of questions aimed at understanding the meaning of educational activity, it clarifies the degree of involvement of the teacher in the realization of this meaning. Starting from the idea of ontological inclusion of a person in a cultural and historical tradition, hermeneutics makes it possible to understand to what extent prejudices determine our behavior and thinking, and how this circumstance affects interpersonal relationships. The hermeneutical approach makes it possible to interpret educational activities based on the idea of the uniqueness of pedagogical experience. The use of the hermeneutical method assumes that the teacher-researcher associates himself not with an impartial observer, but with a full participant in the dialogical search. Thanks to the joint efforts of the researcher and other participants in the hermeneutical conversation, meaning and understanding merge.Conclusion. It is shown that the problem of interpretation, considered in the framework of educational activities, is of a practical nature. Modern philosophical hermeneutics, having made an ontological turn, overcomes the Cartesian view of the abstract opposition of subject and object, tradition and reason, which prevails in “modernist” pedagogy. Teachers can benefit from the analysis and development of the most important ideas and provisions of hermeneutics for their application in scientific and pedagogical activities, as it helps to realize their own prejudices, questions initial interpretations, strengthens the position of self-reflection regarding the educational process.

A Hermeneutic Phenomenological Exploration of Patients’ and Student Nurses’ Experiences of the Time They Share Together on Personality Disorder Forensic Units

This hermeneutic phenomenological study illustrates the value of key aspects of interpretative hermeneutics for illuminating the time shared between patients and students in forensic unit for men carrying a personality disorder diagnosis through interviews. The participants were being‐with in their own time and space, sharing ordinary activities and common interests, and having a laugh, ultimately making enduring connections. This was despite experiences of thrownness into the world, ward landscapes, or the bearing of diagnostic labels. Students experienced a balance between therapeuticness (leaping‐ahead) and professionalism (leaping‐in). They were immune to the relational vacuum of the ward office and were viewed as “sponges”, reflecting their availability to patients, as opposed to other staff occupying more distant, identity defining set roles. On transition to fully fledged staff roles, students can become holders of keys, but can weather the ride by treasuring the everyday mundane, being‐with and connecting with patients. This temporality of student‐patient’s relationships encompasses mutual recognition of shared humanness. This hermeneutic phenomenological study uniquely explores the time shared between patients and students in forensic settings. Learnings from their experiences as illuminated using philosophical notions aid our understanding of this time to ensure focus on human connection.

HTML Texts and the Dawn of Asemic Digital Literature: Exploring Dennis Cooper’s Ideas

Dennis Cooper’s HTML texts which use Graphic Interchange Format (GIFs) instead of traditional glyph-based text, exhibit the extremities of our times, both thematically and structurally, through the radical temporality of the GIFs. The digital geometry of these texts is constructed through the juxtaposition of GIFs. This has allowed Cooper to construct and explore a new pictorial language predicated upon metamorphosis, flow, and flux. Cooper’s HTML texts highlight the motifs of human fallibility, contingency, and finitude, culminating in a rejection of the rationalist and idealist conceptions of what a novel is. Focusing on the structural and hermeneutical aspects of the HTML texts, rather than the ephemeral content of the GIFs themselves, allows for the proposition of a new digital hermeneutics and skepticism necessary for literary exegesis in our increasing digital world. Through an examination of the theoretical implications of Cooper’s HTML texts, one can trace the future frontiers of digital literature and its necessary hermeneutics.

A Critical Reading of Jean‐Luc Marion's Interpretation of Anselm's Ontological Argument

AbstractIn this essay, I qualify Jean‐Luc Marion's anti‐ontological interpretation of Anselm's argument. Marion claims that the argument is not ontological but in line with Dionysian apophatic theology. To substantiate his anti‐ontological reading, Marion suggests that the main regulative idea of the Proslogion is bonum. The final regulative idea, however, is gaudium, since gaudium, not bonum, leads the argument to the beatific vision. If we reformulate the Proslogion focusing on gaudium, we find that Marion's analysis misses the evident ontological aspects of the argument, such as the tradition of prayer and hermeneutics. Since Anselm promulgated the argument within the Benedictine tradition of Bec, the practice of prayer or meditation is the legitimate context of the argument. However, because of his emphasis on the structure of call and response over the ontological and hermeneutical aspects of revelation, his analysis neglects the importance of the hermeneutic relation within which the Proslogion is born.

Linguistic Aspects of Legal Writing (Case Study of the Word “Zavedomo” and Phrase “Znal ili Dolzhen Byl Znat” in the Civil Code of the Russian Federation)

The article discusses one of the research areas of applied linguistics – legal linguistics, in particular, its hermeneutical aspect. Our focus is on the functioning of language units in the legal discourse, based on the fact that the latter includes not only merely legal but also linguistic aspects because the language is a means to express certain phenomena, and the criteria of accuracy, consistency, comprehensibility for a non-specialist are important aspects of law drafting methodology. The subject of linguistic study is the functioning of the lexical unit zavedomo in the Russian legal discourse. The article points at the nature of usage of the lexical unit zavedomo in the Family Code and in the Civil Code of the Russian Federation. Special attention is paid to the wordings of Article 174 of the Civil Code (“Consequences of failure by a representative or a body of a legal entity to meet the conditions regulating the discharge of authority or interests of the represented or of the legal entity”) and to potential changes in interpretation subject to this lexical unit presence / absence. The article analyses the viewpoints of law experts (V. A. Belov, O. V. Berg, K. A. Gorbatov, S. L. Budylin) as to how significant the presence / absence of this lexical unit in the text of the above-mentioned law is, and also as to the reasons behind the wording of Article 174 of the Civil Code, the rationale behind the wording, and whether the meaning of the law undergoes any material changes because of it, as to the semantics and the function of the word zavedomo in the Russian legal discourse, and what linguistic aspects of law drafting methodology should be taken into account in such cases, and also what external factors may have an impact on the language of laws. The article includes a detailed discussion of the semantics of the zavedomo lexical unit, and emphasises the fact that the zavedomo lexical unit has become juridified under the influence of Article 307 of the Criminal Code of the Russian Federation (“Wilfully false testimony, expert / specialist opinion or mistranslation”). The analysis of contexts where the zavedomo lexical unit is used in the Russian legal discourse has showed that it is most frequently used as part of the structure znal ili dolzhen byl znat. Hence, we consider the legally binding type of obligation modality. In the case study of the zavedomo lexical unit and predicates of obligation (“must”) and possibility (“could”), we analyse challenges of copying English structures (“was aware or must have been aware”) into the Russian legal discourse, and also raise issues of linguistic examination of legal texts.

Kumlbúa þáttr, an Eschatological Event: The Traumatic Ontology of Being in Time in Medieval Iceland

<i>Kumlbúa þáttr</i>, an Eschatological Event: The Traumatic Ontology of Being in Time in Medieval Iceland

"ПЛОТСКИЙ ПОВОРОТ" В ДИСКУССИИ О СВЯЩЕННОМ

The paper is concerned with the carnal turn in contemporary philosophical theology. In the theological studies religion is often interpreted as primarily belonging to the sphere of the spiritual. While it is true that for most religious traditions (Christian as well as non-Christian) God is a spiritual and disembodied being, even the presence of God is always a mediated presence, and it may well be argued that this mediation is always material in character. We analyze theological aspects of the project carnal hermeneutics (Richard Kearney, Brian Treanor, John Panteleimon Manoussakis). Carnal hermeneutics shows the new philosophical turn away from the overly abstract, relativist and limited emphasis on structural linguistics and deconstruction in favor of a new emphasis on the on the fundamental act of incarnation. From that new point of view, linguistics and textual exegesis may continue to be a necessary aspect of hermeneutics – but they are not sufficient in themselves. It is a way of thinking which might help us recover the body as text and the text as body: to restore hermeneutics to phenomenology and vice versa and to remind us that interpretation is never a dis-embodied act. Carnal hermeneutics declares the living presence of the body as the inescapable foundation of our very being – inclusive of any act of interpretation. The carnal hermeneutics insists upon the crisscrossing of text and flesh, which both denies the collapsing of flesh into text (and vice versa) and also reveals the utter inextricability of the two.

Everyday life as a basis for understanding socio-cultural meanings: hermeneutical aspect

The article reveals some aspects of the specificity of understanding and formation of meaning in the social sphere. The study of social objectivity, effective communication and interaction with the Others, is a key issue of social hermeneutics, focused on the person in his daily personal and social activities. The analysis of the research of a number of representatives of different sociological directions showed that when they are own specificity, they are conceptually connected and solve one set of problems. It necessarily includes an individual and social subject, communicative, linguistic and extralinguistic aspects, the participation of experience and memory, knowing and taking into account the contexts that create a domain of intersubjective meanings. Everyday life as an area of everyday knowledge and the world, in which a person (inter)acts, is the basis for understanding and organizing socio-cultural meanings, both at the individual and social levels.

The hermeneutics of nietzscheanism: an analysis of the diversity of interpretations of Friedrich Nietzsche's philosophy through the prism of the evolution of Ernst Jünger's ideas

The essence of Nietzscheanism as a philosophical doctrine has never been characterized by a definite consistency or certainty. Instead "indirect followers" and interpreters of Friedrich Nietzsche's philosophy (since this thinker did not have direct followers or a particular school) resorted to a variety of interpretations of his concepts. Considering that, the hermeneutic aspect of the study not only of Nietzsche's texts, but also of his interpreters allows us to look at the hidden potential of the concepts of the German philosopher from a new point of view. In this research, we seek to focus on looking for Nietzschean roots in Ernst Jünger's creative legacy, tracing the transformation of his ideas along the author's intellectual path and showing how those ideas correlate with those of Friedrich Nietzsche himself and how they differ. As a reference point for any study of interpretations of Nietzsche's philosophy, the author singles out many German philosopher concepts at the edge of various interpretations. Such central concepts in the article include the idea of "Apollonian" and "Dionysian" principles (the first), the anthropological idea of " Overhuman" and the interrelated metaphysical triad of "will to power," "reevaluation of all values," and "eternal return." In addition, one of the leading motives of the 20th century, which can be traced to an attempt to read Nietzschean ideas, postulates their location at the junction of philosophical and political-ideological concepts. Analyzing the peculiar hermeneutic conflict of Nietzschean philosophy based on this phenomenon, the author turns to early attempts to understand and implement the ideas of the German thinker, which were carried out directly in Germany. This context is connected in the article with the formation of the foundations of the conservative revolution and the figure of Ernst Jünger since the interpretation of this thinker, to some extent, can be considered one of the first and, undoubtedly, the most resonant. In the course of the research, the author turns to Nietzsche's original texts, forming a kind of hermeneutic circle of the author and interpreters, interpreters and the interpreted, ultimately obtaining in this system the opportunity for a thorough and as independent as possible analysis of the original ideas, counting on the probability of reducing the error of one's interpretation due to paying attention to the entire interpretive field texts The considered ideas of Ernst Jünger demonstrate this thesis, expanding the contextual field of the Nietzschean Overman and the metaphysics of the Will to Power and giving these concepts in an interpreted form a particular social dimension along with the philosophical one, which provides a new context for the interpretation of the ideas of Friedrich Nietzsche.

The Bible as a human and fallible book? Contrasting Karl Barth and classical Pentecostal hermeneutical perspectives

Many Pentecostals share an affinity with Karl Barth’s theology of the Word along with a high view of the Bible that Protestants share. Like some Reformed theologians, they interpret his theology as follows: the Bible is not in any objective sense the word of God but becomes the word when it means something to us through the work of the Spirit. The objective content of biblical words meant little for Barth; only the encounter with God in the text is essential. The purpose of this study is to consider the appropriateness of such affinity. The study limits the discussion to Barth’s view about the Bible’s humanness and fallibility and compares it to the Pentecostal perspective, that the Bible requires the Spirit’s inner working in the reader to become God’s revelation, implying that biblical authors point to the witness of the Spirit that entails the revelation; readers should strive to find that witness prayerfully. As a result, the related issues of the Bible’s authority and the task of exegesis are also discussed. The research uses a comparative literature study of some Barthian and Pentecostal resources. As a result, this article submits that some Pentecostals’ perception of Barth’s views is incorrect. However, some tangent planes exist between Barth’s and Pentecostal hermeneutics. The article concludes that by recognising their significant influence, Pentecostals would establish room to further the nuances their hermeneutics represent. It contributes to considering one proponent of Reformed hermeneutics, Barth, and Pentecostal hermeneutics. It expounds one aspect of Pentecostal hermeneutics about the Bible’s humanness and fallibility, that has received scant attention in the available literature.Contribution: The article contributes to the discourse about Pentecostal hermeneutics by investigating links between Karl Barth’s and classical Pentecostals’ theology of the word. It concludes that although some tangent planes exist between Barth’s and Pentecostal hermeneutics, Pentecostals regard the authority of the Bible as derived from the Spirit’s preference to use the Bible to speak to people.

Philologia Sacra und Auslegung der Heiligen Schrift: Studien zum Werk des lutherischen Barocktheologen Salomon Glassius (1593–1656) by Armin Wenz

Reviewed by: Philologia Sacra und Auslegung der Heiligen Schrift: Studien zum Werk des lutherischen Barocktheologen Salomon Glassius (1593–1656) by Armin Wenz Benjamin T. G. Mayes Philologia Sacra und Auslegung der Heiligen Schrift: Studien zum Werk des lutherischen Barocktheologen Salomon Glassius (1593–1656). By Armin Wenz. Historia Hermeneutica, Series Studia 20. Berlin/Boston: Walter de Gruyter, 2020. 892 pp. Salomon Glassius (1593–1656), a student of Johann Gerhard (1582–1637), served as a theology professor at Jena and then, for most of his career, a church superintendent. He is remembered for his extensive hermeneutical work, Philologia Sacra (1623–1636, with expanded editions thereafter), in which not only the literal sense of scripture is affirmed, but also the "mystical sense," which includes typology and allegory as senses of scripture beside the literal sense, intended by the primary author of scripture (God). Beyond this, Glassius published numerous sermons and expositions of the person and work of Christ from the Old Testament. Armin Wenz covers Glassius' understanding of "holy philology," a devotional-pious approach to academic exegesis, the doctrine of scripture, style, grammar, rhetoric, and hermeneutics, including the literal and mystical senses of scripture. Thereafter, chapters summarize Glassius' exegetical writings and the many metaphors, types, and allegories of scripture expounded by him. Finally, Wenz considers Glassius' place in reception history and contemporary hermeneutics and biblical studies. Wenz deals more with the contemporary usefulness and defensibility of Glassius' theology than with Glassius' place within the flow of seventeenth-century Lutheran exegesis. Not only does he describe what was, he also searches for the applicability and usefulness of Glassius' exegesis for learned Christian handling of the biblical texts as the Word of God. [End Page 94] Glassius sets forth the same doctrine as does Johann Gerhard with regard to scripture's canonization, inspiration, clarity, perfection/sufficiency, efficacity, and authority. For example, both Glassius and Gerhard include James, Hebrews, Jude, and Revelation in the canon as apostolic and inspired, in respectful disagreement with Luther. Yet Wenz shows how Glassius presents scripture not just as the divinely-inspired revelation of God's will and work, but as much more. For Glassius, the incarnation of the Son of God shows that created language and metaphors can be used about God; the condescension in the incarnation and God's sacramental communication with his people are expressed through a plethora of metaphors and types (184). "[T]he scripture of the Old and New Testaments is the canonical document handed down in the Israelitic people of God and in the New Testament church of Jews and Gentiles in human speech, and is the sacramental medium of testamentary, divine self-obligation and appropriation of salvation. This mediality is constitituted by the triune God as author of scripture accommodating himself into the variety of scripture's words and images, in such a way that the divine properties and attributes are to be ascribed or really imparted also to scripture and its words, without scripture thereby becoming identical with God" (788, my translation). This view of the biblical text then requires a certain handling of it: "The starting point and criterion of the exegetical methods is … the perception of the trinitarian contextuality of the biblical texts with their various canon-internal relations and external, sacramental effects" (824, my translation). Wenz is a pastor, and he highlights the pastoral aspects of Glassius' hermeneutics—exegesis is for preaching and the individual pastoral care of souls. This book can be useful to preachers also as a catalog of biblical imagery, typology, and allegory. Wenz has organized and described all the biblical imagery used by Glassius, drawn from all his works. Due to many untranslated Latin quotations and Wenz's intricate German academic writing style, some potential readers may be turned away from this book. I hope that is not the case, since Glassius is worth knowing, and Wenz knows him better than anyone. [End Page 95] Benjamin T. G. Mayes Concordia Theological Seminary Fort Wayne, Indiana Copyright © 2022 Johns Hopkins University Press and Lutheran Quarterly, Inc.

Contribution to a Hermeneutical Pedagogy

This article argues that philosophical hermeneutics, despite its onto-logical character, can inform higher education teaching in a meaningful way. After discussing theoretical aspects of philosophical her-meneutics, focus will turn to pre-understandings and historically effected consciousness. These concepts will lead to hermeneutics’s transformative nature, with the notion of openness serving as a com-mon thread. The review of three further concepts of philosophical hermeneutics—hermeneutical experience, authentic dialogue, and Bildung—will provide insight into openness as a vanishing point without being a culmination. Parallels to Mezirow’s method of trans-formative learning will be drawn and the concept of Bildung, central to philosophical hermeneutics, will be considered through the Hum-boldtian lens to better extract its practical implications, which lay beyond Gadamer’s theoretical focus. Finally, the last section will cement the applicative intent of the article by presenting concrete teaching practices that 􀏔low from philosophical hermeneutics.

QUALIFICATION OF CRIMINAL OFFENSES: THE PROBLEM OF DEFINITION AND METHODOLOGICAL ASPECTS OF THE RESEARCH

The article is devoted to the study of the qualification of criminal offenses. It has been established that this concept is used in criminal and criminal procedural legislation, but there is no formal definition of it. In the science of criminal law, there are different approaches to understanding the concept of qualifications. Based on the analysis of these approaches, the definition of the qualification of criminal offenses has been formulated. According to the author, the qualification of criminal offenses is a process of knowledge and evaluation by the authorized subject of the factual features of a socially dangerous act, isolation of legally significant ones and establishing their compliance with the legal features of a particular corpus delicti of criminal offense, including its distinction from other criminal offenses and from acts that are not criminally illegal, as a result of which the conclusion on the criminal law norm to be applied is substantiated and documented. The main methodological aspects of the study of the qualification of criminal offenses, such as praxeological, epistemological, axiological, hermeneutical, logical, practical, are highlighted. From the point of view of praxeology, the qualification of criminal offenses is considered as a special kind of human, and in particular legal, activity. In the epistemological aspect, the qualification of criminal offenses is the cognitive activity of the law enforcer. In the axiological aspect in the process of qualification the assessment of factual signs and the committed act as a whole is carried out, and also in the presence of estimation concepts in criminal law their maintenance is defined. The hermeneutic aspect of the study of the qualification of criminal offenses is to study the understanding and interpretation of criminal law. The comparison of the factual features of the committed act and the features of the specific composition of the criminal offense should be carried out using the laws, forms and methods of logic. The practical aspect of the study of the qualification of criminal offenses covers the material and procedural problems of accuracy, correctness of qualification in terms of content and form. It is concluded that the study of these aspects contributes to a deeper understanding of the concept under study. The multidimensional approach to the qualification of criminal offenses contributes to the further comprehensive development of qualification rules and substantiation of proposals for improving the practice of applying the criminal law.

Transformativna hermenevtika: spremenjenje v patristični perspektivi

This article argues for the so-called transformative hermeneutics based on the Patristic interpretation Christ’s transfiguration (Mt 17:1-8; Mr 9:2-8; Lc 9:28-36). In the first part, it discusses the theoretical conceptualization to evoke a transformative meaning in biblical exegesis. In the second part, the author presents a corresponding doctrine of Origen of Alexandria who in his many works interpreted this Gospel account and elucidated some genuine transformative hermeneutical aspects.

Hermeneutics after Ricoeur

Hermeneutics after Ricoeur

Elemen-Elemen Hermeneutika dalam Penafsiran Quraish Shihab : Telaaah Atas Buku Wawasan al-Qur’an : Tafsir Maudhu’i Berbagai Persoalan Umat

Meskipun Quraish Shihab dalam praktik penafsirannya tidak menyebutkan istilah hermeneutik, tetapi jika diperhatikan dalam praktik penafsirannya Quraish Shihab sudah mempraktikkan bagaimana sebenarnya langkah kerja hermeneutik itu sendiri. Nuansa hermeneutik yang sangat mnonjol dalam penafsirannya adalah pertama, pemaparan konteks makro, dalam konteks ini adalah pemaparan sejarah perempuan sebelum turunnya al-Qur’an, kedua, pemaparan terkait korelasi (munasabah) ayat satu dengan yang lainnya dan ketiga pemaparan terkait pendapat para salafus shalih (para pendahulu) yang memang mempunyai kapasitas dalam ranah kajian tafsir, keempat, upaya kontekstualisasi dan reaktualisasi ayat dengan konteks kekinian. Menggunakan aspek hermeneutik tersebut, pada akhirnya Quraish Shihab menegaskan bahwa al-Qur’an sebagai kitab pedoman telah mendudukkan dan menempatkan perempuan pada tempat yang sewajarnya, perbedaan kelamin tidak menjadi perbedaan kedudukan ataupun kemuliaan. Tidak ada istilah kaum perempuan didominasi oleh kaum laki-laki, kedua-duanya baik laki-laki dan perempuan tetap serta di hadapan Allah. Yang menjadi perbedaan antara keduanya adalah kualitas ketakwaannya.&#x0D; Kata Kunci : Elemen, Hermeneutika, Penafsiran, Quraish Shihab