Future, current and having been in the temporal horizon of the truth of the seer within the scope of judicial interpretation

Abstract

The reflections presented in this work have the scope to follow, in a philosophical way, the existential-phenomenological description of Martin Heidegger and also the constant foundations in the philosophical hermeneutics of Hans-Georg Gadamer, in order to test its applicability in the field of the interpretation of law and in the court decision. Always following the phenomenological perspective of hermeneutics, we intend mainly to contemplate the possibilities of the ways of being and existential paths in the temporality of existing for the being-there of the judge-interpreter of law. Given the historical mobilization of the world itself, it becomes evident that past, present and future, unified on the same temporal basis, constitute for Dasein the historical field of fundamental manifestation of the respective power-to-be in its original possibilities. Always returning from the future (future), the being-there and its ways of being in the interpretive moment of its world permeate, in the updating of the applicable norm, by the unblocking, in the present, of the sedimented layers of unthought speeches from the past.