2004Unpublished venueRequires access

On the Objectivity of Criminal Law Interpretation

Shen Qi

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Abstract

Objectivity has been the aim of the criminal law interpretation, however, philosophical hermeneutic gives the traditional (objectivity). This paper tries to pursue the objectivity in the background of philosophical hermeneutic, arguing that the objectivity of (criminal) law interpretation lies in the conversation and inter-restriction between the prejudice of interpreter and kinds of objective (elements), thus objectivity is not the absolute objectivity in natural science sense, it is the rationality in Posner′s so-called (intercommunion) sense.

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What this paper is about

Objectivity has been the aim of the criminal law interpretation, however, philosophical hermeneutic gives the traditional (objectivity). This paper tries to pursue the objectivity in the background of philosophical hermeneutic, arguing that the objectivity of (criminal) law interpretation lies in the conversation and inter-restriction between the prejudice of interpreter and kinds of objective (elements), thus objectivity is not the absolute objectivity in natural science sense, it is the rationality in Posner′s so-called (intercommunion) sense.

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Available abstract

Objectivity has been the aim of the criminal law interpretation, however, philosophical hermeneutic gives the traditional (objectivity). This paper tries to pursue the objectivity in the background of philosophical hermeneutic, arguing that the objectivity of (criminal) law interpretation lies in the conversation and inter-restriction between the prejudice of interpreter and kinds of objective (elements), thus objectivity is not the absolute objectivity in natural science sense, it is the rationality in Posner′s so-called (intercommunion) sense.

Key concepts: Objectivity (philosophy), Epistemology, Rationality, Interpreter, Conversation, Philosophy, Law, Political science

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