The Comparison of Gamader's Hermeneutic Philosophical Components and the Parameters of Comprehension  Method in Principles of Jurisprudence 

Susan Narimani / PhD Student of Islamic Jurisprudence (fiqh) and the Principles of Islamic Law, Islamic Azad University, Damghan    s.narimani@ikiau.ac.ir
* Murteza Barati / Assistant Professor of Islamic Philosophy and Theology Islamic Free University Damghan Branch    mortezabarati@chmail.ir
Ibrahim Baghshani /Assistant Professor of Islamic Knowledge, Shahroud University of Medical Sciences  ebrahim.baghshani@shmu.ac.ir

Received: 2021/06/27 - Accepted: 2022/01/07    

ABSTRACT
Hermeneutics as the science of the process of understanding the text has different branches. The most prominent among them is classic hermeneutics, philosophical hermeneutics, and modern hermeneutics. The philosophical hermeneutics, offered by well-known philosophers such as Friedrich, Nietzsche, Martin Heidegger, Hans-Georg Gadamer, and Paul Ricoeor, focuses on the nature of understanding instead of systematizing the method of understanding. Through this inquiry, it is clarified that the philosophical hermeneutics is formed on the basis of coalition of the horizons of author and interpreter, the effect of prejudgments on understating, the historicity of understanding, the hermeneutic cycle and infinity of the process of understanding. And these components are inconsistent with the components of understanding method in the principles of jurisprudence. On the other hand, the possibility of pure understanding of the text, plurality of understanding and desirability of subjective interpretation are among the necessities of philosophical hermeneutics, which are inconsistent with the components of understanding method in principles of jurisprudence.

KEY WORDS: hermeneutics, philosophical hermeneutics, Gadamer, principles of jurisprudence, reality of understanding.
 

سال انتشار: 
1400
دوره: 
19
شماره مجله: 
74
شماره صفحه: 
43