Central problems of analogical legal hermeneutic
DOI:
https://doi.org/10.5944/rduned.13.2013.12094Keywords:
hermeneutic, analogy, law, univocal, equivocalAbstract
The purpose of this article is to establish a link between Analogical Hermeneutic, Theory of Law and juridical or legal hermeneutics. Analogical Hermeneutic was proposed by Mauricio Beuchot and has been widely used to the study and the interpretation of law. Without a doubt, analogical thinking has been one of the major proposals in the legal philosophy horizon, throughout the past and this century. Such paradigm was present in Aristotle, Thomas Aquinas, Immanuel Kant, Joseph Bochenski and others. This theory combined creatively philosophical thinking and hermeneutic to set up a critical interpretation of law.Such reflections on the theory of law and some basic juridical or legal concepts suchas language, analogy, univocal, equivocal, text under the law, among other, and so place it in an integral dimension.