Hermeneutical Legal Theory

Introduction

Hermeneutical legal theory is one of the oldest and – at the same time – most disputed of all the philosophies of interpretation. The term “hermeneutics” comes from the Greek word ἑρμηνεία, denoting the art of prophesying, translating, explaining, and interpreting. Its beginnings can be traced back to Roman jurisprudence. Only in the twentieth century did hermeneutical legal theory obtain a more specific status in the theory and philosophy of law. This was a consequence of at least two different factors. Firstly, in the nineteenth century, a debate began over methodology in jurisprudence that has lasted until the present day, a debate in which representatives from all influential movements and schools of legal thought have taken part – with the natural law and legal positivism leading the way. In the course of this debate, hermeneutical legal theory proposed its own methodological approach to law (which served as an alternative and at the same time a rival to other...