Law and Philosophy
Judicial (ir)responsibility in Heideggerian hermeneutics
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This work looks at judicial decision-making in Brazil from the perspective of Heidegger's philosophical hermeneutics. Today, practically every issue is brought before the judiciary, and society expects an answer. However, it can't be just any answer; judges can't 'decide anything about anything'. We need to think critically about the decision, demanding that judges pass judgement responsibly. This responsibility is hermeneutic in nature, and so it is not enough to say that the decision is legally legitimate, regardless of its content. In a democracy, decision-makers have a commitment to respon...
This work looks at judicial decision-making in Brazil from the perspective of Heidegger's philosophical hermeneutics. Today, practically every issue is brought before the judiciary, and society expects an answer. However, it can't be just any answer; judges can't 'decide anything about anything'. We need to think critically about the decision, demanding that judges pass judgement responsibly. This responsibility is hermeneutic in nature, and so it is not enough to say that the decision is legally legitimate, regardless of its content. In a democracy, decision-makers have a commitment to responsibility, and the judge has to allow himself to assume his authentic way of being and, when necessary, be rescued from anguish. An inauthentic way of being can undermine hermeneutic responsibility, negatively affecting the delivery of justice and, with it, democracy. Law is not immune to the changes brought about by philosophy. Therefore, we need to overcome the classical metaphysics that still predominates in decision-making; understanding the case will happen when decision-makers adopt their authentic way of being. It is this confrontation that the book offers the reader.
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