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Protestant Hermeneutics and the Rule of Law: Gadamer and Dworkin
Author(s) -
HENLEY KENNETH
Publication year - 1990
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/j.1467-9337.1990.tb00048.x
Subject(s) - interpretation (philosophy) , hermeneutics , individualism , epistemology , power (physics) , law , protestantism , rule of law , philosophy , jurisprudence , sociology , law and economics , political science , physics , linguistics , quantum mechanics , politics
. The rule of law demands that the state's coercive power be used only according to settled general laws, applied impersonally. But an individualist theory of legal inter pretation cannot provide the shared understanding required. Gadamer appeals to the practical wisdom of judges and lawyers, who will agree on how to apply law to new cases. But this account is adequate only for very cohesive societies. Dworkin's account rests on propositional knowledge of a supposed best interpretation of an entire legal system. But even if such a best interpretation is possible in theory, this possibility does not provide shared understandings in the social world.