Interpretación del derecho e intuición en el pensamiento de Savigny

Abstract

This paper analyses Savigny’s theory of the interpretation of law, linking it to the development of hermeneutics as from Dunnhauer’s work, which reached its height in Schleiermacher’s philosophy. The author points out how, according to Savigny, the interpreter should reconstruct in his conscience the mental processes present in the conscience of the legislator at the moment of passing the law. At the same time, the interpretation of a given law requires it to be known intuitively as a part of the normative order where it is inserted. In this regard, the author underscores the role played by intuition, remarking on its bond with post-Kantian idealist philosophy.