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ACHIEVING AN INTERPRETATIVE CULTURE IN LAW SCHOOLS USING THE HERMENEUTIC APPROACH AND JUDICIAL ARGUMENTATION

Abstract:

This article develops a critical analysis of the notions of the hermeneutic turn and legal argumentation and evaluates its incidence in the framework of law degree courses taking as reference the Universidad Regional Autónoma de los Andes. The most important conceptions in the field of argumentation and contemporary philosophical hermeneutics, both of continental-Central European origin such as Martin Heidegger, Hans-Georg Gadamer, Paul Ricoeur, Jürgen Habermas, Karl-Otto Apel and Gianni Vattimo, among others, as well as of analytical origin, including W. v. O. Quine, N. Wilson, D. Davidson, H. Putnam and R. Rorty, all point to a common goal, which is a reformulation of the idea of legal rationality, distant from the positivist paradigm of law. This paper proposes, through an interpretative approach, an analysis of the need to build, within the framework of a new argumentative model compatible with the existing social theses, an interpretative culture that generates tools to face the difficulties of the law student in this area, through which the controversy between the iusnaturalist approach and formalist legal positivism can be transcended.