Bases for the comprehension of judicial hermeneutics in times of overcoming the subject-object scheme

Abstract

In times of Constitutional Democracy, legal interpretation has not been able to go beyond the person-object outline, which can be explained by the non incorporation of the intersubjectivity paradigm, forged in the XX century thesis developed by Wittgenstein and Heidegger. In this sense, the many legal procedure-discoursive (argumentative) theories keep on operating with the separation between easy and hard cases, rule and principle and justification and application discourses. As consequence, this theories did not overcame the problem of multiple answers, which reaffirms the foundations of legal positivism.