This article attempts to highlight a new concept of reading the legal text, through many indicators that lead to the exclusion of other perceptions, in contrast to the theory of mental representation and the theory of reception which believe that understanding results from the emergence of perceptions when reading the legal text. Awareness of a text begins (ontologically), (the ontological presence of the reader), in contrast to the restricted evocation of the author The reader does not produce meaning, contrary to what the reception theory says but excludes meanings, and he withholds others, apparently refraining from excluding them, according to the indications of textual exclusion.
Table of Contents
(1) ontological awareness:
(2) The exclusion index:
(3) Exclusion mechanisms:
(4) applications of exclusion theory:
(1-4) Judicial notice and the promotion of exclusion;
(2-4) Contract and Exclusion:
(1-2-4) The pacta sunt servanda requires that the judge interpret the contract when the parties disagree on its interpretation.
2-2-4 contra proferentem:
3-2-4- Upon enforcing illegal contract,
4-2-4- In nullifying unjust exploitation contract;
(3-4) Public culture enhances the validity of exclusion:
Research Objective and Themes
This article aims to propose a novel hermeneutical concept for reading legal texts, arguing that understanding is achieved not through the "summoning" of perceptions—as suggested by reception theory—but through a process of systemic "exclusion."
- The ontological foundation of the reader and the text.
- The distinction between minor and major (holistic) exclusion indicators.
- The role of "judicial notice" in framing legal interpretations within public culture.
- The mechanics of contract interpretation and the mitigation of competing perceptions.
- Critique of modern linguistic theories and mental representation models.
Excerpt from the Book
(1) ontological awareness:
Awareness of a text begins (ontologically), (the ontological presence of the reader), in contrast to the restricted evocation of the author The reader does not produce meaning, contrary to what the reception theory says. but excludes meanings, and he withholds others, apparently refraining from excluding them, according to the indications of textual exclusion. Therefore, the reception theory is mistaken in that it assumes the recall of meaning across the horizon of expectations, since expectations do not mean anything before the text more than they are fully present in existential consciousness.
The evidence for that is the sign of breaking the horizon of expectations. Because this fraction in turn assumes that the expectations are prior to the text, and this is logically impossible unless these expectations are complete. The text itself does not break expectations because it is not born in a void but rather within an ontological density (we can call it unlimited holistic expectations), and this density are all excluded indicators, however, they are invasive, loose, fragmented, and crowding-out indicators, and when the text is born, it changes those exclusionary indicators so that brief exclusions occur, and when it expands, new exclusions and new counter-reservations occur, and this mental process is endless, and it cannot be subject to a chronological or hierarchical sequence, rather, it is carried out in a concurrent and expanded group manner, which requires a variety of textual exclusion indicators, i.e. the minor and major indicators throughout reading the text and then after reading the text. as consciousness is always ontological, it widens with the breadth of sensory and mental experience, and it is necessary that the text remains operating within it continuously. Therefore, we may read the text today with a different eye than a few months ago, or before our enlightenment with a broader existential realization that imposes on us new exclusions to narrow the ontological presence of meaning.
Summary of Chapters
(1) ontological awareness:: Explores the philosophical presence of the reader and argues that meaning is formed by excluding possibilities rather than summoning them from a horizon of expectations.
(2) The exclusion index:: Defines how indicators function as tools to maintain perceptions within an ontological field and how meaning remains a permanent possibility through exclusion.
(3) Exclusion mechanisms:: Examines whether the process of exclusion is structured or intuitive and positions it as a process inherent to the creation of legal texts.
(4) applications of exclusion theory:: Applies the theory to legal contracts and judicial notice, demonstrating how judges use exclusion to filter competing interpretations and ensure legal consistency.
(1-4) Judicial notice and the promotion of exclusion;: Analyzes how judges utilize established public knowledge and legislative frameworks to filter extraneous perceptions in legal proceedings.
(2-4) Contract and Exclusion:: Investigates the dilemma of interpreting contracts when parties hold different perceptions, and how legal principles like contra proferentem facilitate necessary exclusions.
(3-4) Public culture enhances the validity of exclusion:: Discusses how cultural specificity acts as a framework for legal interpretation, requiring judges to filter out "natural" meanings in favor of culturally relevant ones.
Keywords
Hermeneutics, Exclusion Theory, Legal Text, Ontological Awareness, Reception Theory, Judicial Notice, Contract Interpretation, Linguistic Science, Meaning, Perception, Contra Proferentem, Public Culture, Semiotics, Discourse Analysis, Legislation.
Frequently Asked Questions
What is the fundamental focus of this academic work?
The work focuses on a new hermeneutical method called "exclusion theory," which challenges traditional reception theories by arguing that understanding legal texts stems from excluding competing perceptions rather than summoning them.
What are the primary thematic fields addressed?
The core themes include legal hermeneutics, the philosophy of language, judicial interpretation, and the intersection between ontological consciousness and textual analysis.
What is the central research objective of the article?
The primary goal is to demonstrate that interpretation is an active process of filtering out irrelevant or secondary meanings to arrive at a cohesive, unified understanding of a legal document.
Which scientific methods are employed in this research?
The author employs a philosophical and hermeneutical method, critiquing structuralist and post-structuralist approaches while integrating legal evidence rules and linguistic analysis.
What topics are covered in the main body of the paper?
The main body covers ontological foundations, the distinction between minor and major exclusion indicators, judicial notice in Sudanese law, and the practical application of exclusion in contract law.
Which keywords best characterize this research?
Key terms include Exclusion Theory, Ontological Presence, Legal Hermeneutics, Judicial Notice, and Textual Indicators.
How does the author define "minor" vs "major" exclusion indicators?
Minor indicators request the reader to perform exclusions within the immediate context of the text, while major indicators arise from discovering the causes that link minor indicators to the text's holistic meaning.
How does cultural context impact the legal exclusion process?
Cultural context provides a framework for "judicial notice," allowing a judge to interpret terms based on the specific cultural environment of the state or tribe, thereby excluding literal or foreign meanings that do not fit the social reality.
In what way does the author critique modern linguistic sciences?
The author argues that theories like mental representation have failed to explain intelligent behavior because they rely on "summoning" or "expectations," whereas progress could be made by shifting focus to the concept of "exclusion."
- Quote paper
- Amal Kordofany (Author), 2021, Hermeneutics of exclusion. A Vision inside Legal Contexts, Munich, GRIN Verlag, https://www.grin.com/document/1005522
