Abstract

STORINI, Claudia. Reason and culture: a critique of modern constitutional hermeneutics from dialogic interpretation. Rev. IUS [online]. 2016, vol.10, n.37, pp.33-58. ISSN 1870-2147.

Through critical analysis of the theory of interpretation understood as limited by the powers of the past interpreters of the Constitution, this paper attempts to demonstrate, on the one hand, the absence of some of the most important bastions on which the modern constitutional State is founded. On the other hand, this paper also wants to demonstrate the lack of neutrality and pure argumentative reason, and therefore the need for lawyers, who utilizing the spirit of legal criticism as an analytical tool to dignify our social life, could sustain a new constitutional State based on true respect for plurality and democratic principle.

Keywords : Theory of interpretation; post-positivism; postmodern interpretation pluralism.

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