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Theoretical And Methodological Considerations

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Chapter Summary

Hermeneutics takes as a point of departure that the interpreter is in scribed in a certain historical, social, cultural and linguistic tradition. The European Convention on Human Rights (ECHR) was adopted in a quite different historical, social, cultural and linguistic context than the one we face today, and it is more than obvious that the originators of the Convention were not able to foresee the reality we face today. Hermeneutics in the Gadamerian version wants to explore what understanding is rather than what it ought to be. He has an ontological perspective which treats understanding as an event, and he repeats that the title of his book Truth and Method was never to be understood as if the hermeneutic circle provides a certain methodology.

Keywords: European Convention on Human Rights (ECHR); Gadamerian; Hermeneutics



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