法律意义标志的诠释学审查

A Hermeneutical Review of Legal Meaning Symbols

法律是人类通过规则所构筑的意义体系。然而 ,当人们对法律意义进行诠释时 ,所得出的法律意义每每大相径庭。这反映了在法律意义的理解上 ,“只要有理解 ,理解便会不同”的道理。那么 ,如何寻求法律的意义 :有人主张通过追问法律的合法性寻求其意义 ;有人主张通过品读立法者意志寻求其意义 ;有人主张法律的意义就在于法律的文本 ;还有人主张法律的意义在于人们通过对法律的对话而形成关于法律共识。文章站在诠释学的立场上 ,对如上法律的意义标志作了学理解说 。

Law is a meaning system constructed by mankind through rules. However, when legal meanings are annotated, the legal meanings concluded differ greatly, which reflects to the extent of legal meaning that 'so long as there is understanding, there will be different understandings.' Well then, how to seek the meaning of law? Some propose that the meaning of is sought through the close inquiries of the legality of law; some advocate the seeking of the meaning of law through the appreciation of the wishes of legislators; some claim that the meaning of law lies in the legal paper; and still others maintain that the meaning of law lies in the common understanding of law formulated through legal dialogue. This article undertakes an academic interpretation of the meaning symbols of law from the perspective of hermeneutics to justify the hermeneutical reasons for the pluralistic meaning symbols of law.