Judge & Philosopher

The article states that the interpretation of law is an intense intellectual activity which is carried out on the basis of (1) empirical experience and (2) of the knowledge of interpreter. The result of interpretation is inevitably an outcome of relation between subjective experience and available knowledge. Personal experience frames the content of subjective morality, whereas the worldview is shaped (interconnections within the global development are observed) based on knowledge. It is emphasized that the personal experience is something that already cannot be changed, that the empirical experience and knowledge are interrelated in the context of development of personal worldview. The article concludes that the philosophical cognition of the law implies not only familiarity with the content of legal norms, but also perception of its ontological problems. Therefore "solving" a problem of understanding a constitutional or other legal norm "only within the legal framework" means either (1) not understanding the ontological basis of the problem or (2) not solving the problem after having perceived its ontological basis.