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The Construction of Three Patterns of Legal Hermeneutics

Author: XiaJianCong
Tutor: LiShunWan
School: Southwest University of Political Science
Course: Legal Logic
Keywords: Legal interpretation Rule of law Legal principles Understanding Explanation Consult
CLC: D90
Type: Master's thesis
Year: 2011
Downloads: 24
Quote: 0
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Abstract


Today's society is in a period of rapid change , the development of the law faces new challenges. On the one hand , people are trying to establish a stable possible legal system ; but on the other hand , the reality of social transformation law retains enough flexibility . This requires the judge to be in the use of legal \The \The legal interpretation by philosophical hermeneutics Perspective , emphasized the significance of the legal understanding , rather than curing the rules simple to apply . Understand its importance , including the search for meaning rules vacancy conditions under legal principles collision choose , as well as the integration of the dialogue in a pluralistic society , and therefore also been three respected interpretations mode . The first model introduced relatively complete under the conditions provided by law , the judge how the legal interpretation of the thinking fill vacant Protection Law structure . The second is the difficult cases , how the \The third emphasized in the \The three legal interpretation mode to assert their \Legal hermeneutics not do everything , but it certainly can for the legal practice to provide a richer resources and operational guidelines to guide the construction of the rule of law in China .

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CLC: > Political, legal > Legal > Theory of law (Law)
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