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October 2, 2025MASALAH-MASALAH HUKUMOpen Access

Gregory Leyh’s Approach to Constitutional Hermeneutics: A Critical Analysis of Legal Hermeneutics According to Hans-Georg Gadamer

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This analysis reveals Gadamer's influence on constitutional interpretation methods, highlighting tensions between originalism and non-originalism.

Constitutional interpretation is pivotal, impacting governance and public understanding, evolving from various methodologies.
With originalism stressing framers' intentions, non-originalism acknowledges the need for a living interpretation of the Constitution.
Gadamer's philosophical hermeneutics indicates interpretation is dynamic, shaped by language and societal context rather than rigid frameworks.
This article suggests a comprehensive solution, emphasizing a holistic approach to constitutional hermeneutics amid ongoing debates.

M. Ilham Hermawan (2025) studied this question.

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October 2, 2025MASALAH-MASALAH HUKUMOpen Access

View Full Paper

Ask AI

Bookmark

Authors

This analysis reveals Gadamer's influence on constitutional interpretation methods, highlighting tensions between originalism and non-originalism.

Constitutional interpretation is pivotal, impacting governance and public understanding, evolving from various methodologies.
With originalism stressing framers' intentions, non-originalism acknowledges the need for a living interpretation of the Constitution.
Gadamer's philosophical hermeneutics indicates interpretation is dynamic, shaped by language and societal context rather than rigid frameworks.
This article suggests a comprehensive solution, emphasizing a holistic approach to constitutional hermeneutics amid ongoing debates.

M. Ilham Hermawan (2025) studied this question.

View Full Paper

Ask AI

Bookmark