Application as legislation Cover Image

Az applikáció mint jogképződés
Application as legislation

Author(s): Károly Veress
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Scientia Kiadó
Keywords: legal hermeneutics; law; application; legislation; E. Betti; H.-G. Gadamer

Summary/Abstract: With its starting point in a discussion of the differences between the contemporary viewpoints held by E. Betti and H.-G. Gadamer, my study is aimed at outlining the productive possibilities of Gadamerian philosophical hermeneutics with respect to the response relationship between legislation and law enforcement. My argument is that the hermeneutical process of application, which also entails interpretation and understanding, unfolds as actual legislation, while influencing every participant of the legal situation in a formative and enriching way. In the last part of my paper I will address the historical dimensions of the process in connection with the Betti–Gadamer debate about the relationship between hermeneutics and legal history.

  • Issue Year: 5/2016
  • Issue No: 2
  • Page Range: 327-344
  • Page Count: 18
  • Language: Hungarian