Hermeneutics as a Basic Method of (Criminal) Legal Sciences

Authors

  • Filip Novaković Faculty of Law, University of Zenica Author

DOI:

https://doi.org/10.63356/stes.soc.2025.006

Keywords:

hermeneutics, criminal law interpretation, legal norms, judicial discretion, legal methodology

Abstract

 Introduction: Hermeneutics, as a theory of interpretation, plays a significant role in criminal law by providing a framework for understanding legal norms within their socio-political and historical contexts. Given the necessity for precision and clarity in criminal law, hermeneutical approaches help resolve ambiguities and reconcile conflicts between statutory provisions, judicial practice, and moral principles.


 Aim: The aim of this paper is to demonstrate the significance of hermeneutics as a methodological tool in interpreting criminal law norms and to highlight its contribution to the development of contemporary legal doctrine and practice.


 Materials and Methods: The paper applies the hermeneutical method of analysis, as well as comparative-legal and normative methods, relying on relevant case law and modern theoretical approaches in criminal law and legal philosophy.


 Results: The analysis shows that hermeneutical approaches enable a dynamic understanding and application of criminal law norms, contributing to greater coherence between statutory texts, judicial decisions, and moral principles. In doing so, hermeneutics becomes a key factor in resolving legal dilemmas and ensuring the fair application of law.


 Conclusion: Hermeneutics represents an indispensable methodological framework for understanding and applying criminal law. It allows legal norms to be interpreted in accordance with contemporary social values, thereby contributing to the development of legal science and practice as a whole.

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Published

2025-11-29

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Section

Articles