JUDICIAL INTERPRETATION WORKSHOP
Keywords:
Judicial interpretation, legal hermeneutics, judicial function, judicial decision-making, legal reasoning, rule of law, human rightsAbstract
This paper aims to provide a set of theoretical and methodological tools to strengthen the interpretative task of the judge in the exercise of their functions. This study is based on the premise that law is a dynamic system immersed in language and subject to the hermeneutical mediation of the person who applies it. Through the analysis of authors such as Hans Kelsen, Aharon Barak, Max Weber, and Hans-Georg Gadamer, the study reflects on judicial interpretation as an act of meaning-making, in which the norms, conscience, and social reality converge. The present paper also proposes the creation of a judicial interpretation workshop as a space for critical, ethical, and reasoned engagement, intended for judges who must accurately understand the norm through the rule of law and human rights. Conceptual and argumentative tools constitute the workshop as a method rather than as a set of ready-made formulas, for ultimately it is the interpreter mediates between the letter of the law and its meaning.
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