Document Type : Article

Authors

• Mohammad Amini ¹
• Hassan poorBaferani ²
• Mohammad Mahdi Alsharif ³
• Mahdi Shahabi, ³

¹ Ph.D candidate in private law

² Associate professor in Criminal Law, University of Isfahan

³ Associate Professor, Department of Law, University of Isfahan, Isfahan, Isfahan

Abstract

In The science of hermeneutics, some, like Schleier Macher, consider the mission of the interpreter to be aware of the individuality of the author, and others, like Gadamer, follow reality and true understanding in the mental horizon of the interpreter and with a dialectical method. Article 73 of the Constitution of Iran has specified both the competent authority to interpret ordinary laws, which is the Islamic Council (close to Schleier Macher's hermeneutics), and allowed the judge to interpret in order to determine the truth. Therefore, the question arises that according to the legislator's permission to perform interpretation by the judge, in Iran's legal system, during interpretation, according to Gadamer's hermeneutics, it is possible to go beyond the appearance of the law and reach the context? In this research, with the descriptive-analytical method, it was found that when interpreting laws such as the Civil Code and the Islamic Penal Code, which are directly taken from the Sharia, it is necessary for the interpreter to use the Sources of jurisprudence and cannot interpret the law only according to his own mental horizon and to observe considerations such as justice and fairness, in the same way that is followed in Gadamer's hermeneutics.

Keywords

• Schleier Macher
• Gadamer
• hermeneutics
• Article 73 of the Constitution
• Iran's legal system
• logic of law

Main Subjects

• Public Law