Juridical understanding and hermeneutics in the thought of Carl Schmitt and Hans-Georg Gadamer

Authors

  • Hugo E. Herrera Universidad Diego Portales

DOI:

https://doi.org/10.18042/cepc/rep.194.01

Abstract

The present work explains the link that Carl Schmitt establishes between legal understanding and understanding in general, as well as the significance of this link for the history of philosophy. Schmitt states in various works that legal understanding in a broad sense coincides with the understanding in general. The extension operates on the basis that in the understanding in general there is something similar to the legal understanding, namely: a tension between a pole of the ideal (i.e. of the mind’s elaborations) and a pole of the real: of concrete situations. This Schmittian extension marks a relevant moment in the history of philosophy. His position remarkably resembles later hermeneutical considerations by Hans-Georg Gadamer, which have not been noticed until now.

Published

2021-12-03

Issue

Section

ARTICLES