Means of Interpretation, Legal Hermeneutics and Natural Law

Abstract

The existence of a hierarchy of canons of interpretation has been seen usually as guarantee to the certainty in law. But, from the point of view of Legal Hermeneutics, that hierarchy is an impossible task. Law is not only a system of legal precepts ready to the mechanic application; it is a social interpretative practice. And this practice is not methodologically available; the understanding of the law happens through the evaluative interaction between the ratio legis and the ratio of the context. The relevance of the context implies the existence of normativity outside of the positive legal text and the possibility of a certain natural law.