在确定性和非确定性之间--解读《法律的意义追问》

法律的意义蕴涵于事物的法的规定性和主体的法的需求之中,法律规定了人类之间及其与对象之间关系的全部意义。法律的实体意义与本体意义既互相联系又有质的区别,而法律的象征意义则是本体意义的派生物。在对话商谈中发现法律的意义是诠释学法学的一种认知方法,这种方法导致不确定性意义成为法律解释的认知常态。法律的实践法则要求法律解释是对确定性意义的追求,这是诠释学法学在方法论上必须直面的挑战。诠释学法学对法律的意义追问徘徊于过程中的认知非确定性和目标中的认知确定性之间,"诠释法律的公理性趋向"并没有从根本上解决诠释学法学自身存在的方法论缺陷。

Between Certainty and Uncertainty--Interpretation of Inquiry of the Meanings about Law

The meanings of law are contained in the objective regularity of the law and the subjective needs of people. Law stipulates all meanings among people and their objects. There are similalrities and differences between the substantial meaning of law and the inherent meaning of law. The symbolic meaning of law is derived from the inherent meaning. The way of explanation of law, which brings about the meaning of law in talk and discussion, always leads to common appearances of the uncertain meanings about the interpretation of law. Pursuit of certain meaning concerning the explanation of law is originated from the Practical Rule of Law, and this is a direct challenge of the science of explanation about law. With regard to the inquiry of the meanings of law, science of explanation about law is wavering between the uncertainty in the recognizable process and the certainty about the recognizable aim. As far as the science of explanation about law, the "Universal Tendency of Explanation of Law" (can' t) radically change its methodological defect.