On the Objectivity of Criminal Law Interpretation
Shen Qi
Abstract
Shen Qi
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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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