The problem of interpretation in Josef Esser's thought

Abstract

THE AIM OF THIS PAPER IS TO INVESTIGATE THE IMPORTANCE OF THE INTERPRETATION IN THE JOSEF ESSER'S CONCEPTION AND THE INFLUENCE OF HIS THOUGHT IN THE CONTEMPORARY LEGAL CULTURE. FOLLOWING THE AUTHOR'S THOUGHT, THE SUBJECT'S APPROACH IS FOCUSED ON THE PROBLEM OF LAW'S INTERPRETATION/APPLICATION, THAT LEADS, EQUALLY, TO A REEVALUATION OF THE METHODOLOGICAL QUESTION. THEREFORE, THE STUDY GOES TO THE ANALYSIS OF SOME CONCEPTS USED BY ESSER, AS WELL AS TO THE METHODOLOGY DEVELOPED BY THE AUTHOR, INSTRUMENTS THROUGH WHICH IT DISCLOSES THE INTERPRETATIVE PROCESS HE CONSIDERED. THE IMPORTANCE OF THIS APPROACH REFLECTED ON THE EXAMINATION OF THE JURISDICTIONAL ACTIVITY THAT GAINS RELIEF AT THE MOMENT THAT IT IS SEEN AS A CREATIVE PERFORMANCE, FOCUSED ON THE SOLUTION OF THE CONCRETE CASE, THAT IS, PARALLELY, SUBMITTED TO THE CONTROLS THAT ARE GUIDED FOR ATTAINMENT OF A FAIR DECISION.