Some ideas related to the construction of a "jusphilosophy" for the present: analogical legal hermeneutics

Abstract

In the lines presented here, it is intended to comment on some ideas about the relevance of the epistemic proposal of mexican hermeneutic Mauricio Beuchot Puente —analogical hermeneutics—, in connection with science or knowledge of law and legal philosophy itself. The idea is to establish a dialogue within the theoretical and methodological orientation, as well as in the normative proposals of a positivist and legalistic nature and, on the other hand, in the specific framework of legal relativism. From the end of 19th century to date, there has been a very intense debate between the sociological positivism of Augusto Comte, Herbert Spencer, the so-called Jurisprudence of Concepts, the French Exegetical School and Anglo-Saxon Analytical Jurisprudence, against interpretational tendencies of the German Free-Law Movement, the hermeneutics of Gadamer, Betti and Ricoeur. In this context, the jus-analogical position has enormous importance due to its humanist and alternative presence in the face of univocisms and absolutisms of the different legalism of the postmodernity of law. In short, it is intended to connect analogical hermeneutics with law in order to generate, to the extent possible, some basic assumptions within the framework of the complexity of pandemics, wars and violence that afflicts us at the current moment.