Legal Hermeneutics, Analysis from Natural Law and Legal Positivism, And Its Application in Law
Universidad Regional Autónoma de Los Andes, Sede Tulcán, Ecuador
Jennifer Alejandra González Meneses
Universidad Regional Autónoma de Los Andes, Sede Tulcán, Ecuador
Jostin Sebastian Martínez Perenguez
Universidad Regional Autónoma de Los Andes, Sede Tulcán, Ecuador
Milena Elizabeth Alvarez Tapia
Universidad Regional Autónoma de Los Andes, Sede Tulcán, Ecuador
Abstract
This article deals with legal hermeneutics and its application in law. Since hermeneutics is considered the central tool of legal epistemology, which, through reflection and reasoning, seeks to approach the truth of the norm and apply it correctly. That is, it is more focused on the methodological question of applying the norm, especially in practice. Jurists use interpretation through hermeneutics to understand how to use the norm appropriately. An interpretative analysis of the norm is carried out based on objective law or positive law, creating a connection between being and knowing so that the legislator can apply the norm correctly. In conclusion, this research includes a doctrinal study and applies a qualitative method, allowing for a documentary analysis of the topic presented.