1. HERMENEUTIC TURN, UNDETERMINED LEGAL CONCEPTS AND THE MAINTENANCE OF PUBLIC ORDER
- Author
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CARMONA, Paulo Afonso Cavichioli, DALL'AGNOL, Philippe, and SENHORAS, Elói Martins
- Subjects
Hermeneutics ,Legal Indeterminacy ,Public Order ,FOS: Law ,Law - Abstract
This article intends to outline the multifaceted aspect of the indeterminate legal concept called public order. Due to its polysemic nature, it proposed to investigate the structuring elements of public order from the perspective of the three levels (degrees) proposed by Dolinger, which allowed the conclusion that, in the application of indeterminate legal concepts, only through the hermeneutic assumptions is possible to reach the conceptual amplitude of the interpreted disposition, at the same time that reductionist interpretations are avoided and that go against the regulatory frame coming from the text object of the interpretation.
- Published
- 2023
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