Praxis-law as the concept of a contemporary civil hermeneutics

Abstract

This paper promotes a critical analysis of the traditional concept of civil law and its application. It proposes a (re) thinking of the
modern paradigm, which is inappropriate, has simplifying pre-designed templates that radiate the ultimate sense of law without establishing an interaction with the social, fluid, dynamic and complex context. In effect, it seeks to reflect on civil law from a perspective that has as a prius the concrete problem and as the point of arrival the solution to the problem. This is because contemporary society is not closed in the methodological rigor of “legal science” nor does it cling to concepts. It does not fit within a linear succession of understanding of the (symbolic) reality, neither does it model itself within textual precepts signifying the subject of law but seeks to misalign, make and remake itself in every phase of the historical and cultural process. Thus, this study proposes a hermeneutics that includes greater emphasis on the particular case in the interpretive process in the face of the norm as the ultimate and primary element of the sense of law.