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Meaning of interpretativismo




Jimeno Álvarez

interpretativismo
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Antipositivism, also known as interpretativismo - a tradition in social sciences related to interactionism and the Verstehen sociology of Max Weber and Georg Simmel

  




Jimeno Álvarez

Interpretativismo is a school of thought in contemporary jurisprudence and the philosophy of law. Interpretativismo main demands are that the right is not a set of given data, conventions or physical facts, but what lawyers aim to construct or obtain in their practice. This marks a first difference between interpretativismo and legal positivism. But the refusal that law is a set of entities listed opposite interpretativismo to natural law also. There is no separation between law and morality, although there are differences. This is not in accordance with the main claim of legal positivism. The law is not immanent in nature or existence values and legal principles independently and outside the legal practice. This is the opposite of the main claim of the theory of natural law. Ronald Dworkin is often associated with interpretativismo.In the English-speaking world, interpretativismo is usually identified with Ronald Dworkin thesis ' s on the nature of the law, which sometimes is seen as a third way between natural law and legal positivism.The concept also includes continental legal hermeneutics and authors such as Helmut Coing and Emilio Betti. Legal hermeneutics can be seen as a branch of the hermeneutical philosophy, whose main authors in the 20th century are Heidegger and Gadamer, both on the basis of Husserl Phenomenology. Hermeneutics has expanded to many different areas of research in the social sciences as an alternative to an acrílíco approach.In a broader sense, interpretativismo includes theses, in chronological order, Josef Esser, Theodor Viehweg, Chaim Perelman, Wolfgang Fikentscher, Castanheira Neves, Friedrich Müller, Aulis Aarnio and Robert Alexy.

  



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