Back to Search Start Over

HERMENEUTIC TURN, UNDETERMINED LEGAL CONCEPTS AND THE MAINTENANCE OF PUBLIC ORDER

Authors :
CARMONA, Paulo Afonso Cavichioli
DALL'AGNOL, Philippe
SENHORAS, Elói Martins
Publication Year :
2023
Publisher :
Zenodo, 2023.

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.

Details

Language :
Portuguese
Database :
OpenAIRE
Accession number :
edsair.doi.dedup.....5087c3427a3b604f10ab8512bd3eaca5
Full Text :
https://doi.org/10.5281/zenodo.7724517