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Bondevik, Hilde; Bostad, Inga --- "Core principles in argumentation and understanding: hermeneutics and human rights" [2017] ELECD 710; in Andreassen, A. Bård; Sano, Hans-Otto; McInerney-Lankford, Siobhán (eds), "Research Methods in Human Rights" (Edward Elgar Publishing, 2017) 68

Book Title: Research Methods in Human Rights

Editor(s): Andreassen, A. Bård; Sano, Hans-Otto; McInerney-Lankford, Siobhán

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781785367786

Section: Chapter 4

Section Title: Core principles in argumentation and understanding: hermeneutics and human rights

Author(s): Bondevik, Hilde; Bostad, Inga

Number of pages: 26

Abstract/Description:

The chapter gives an introduction to the method of philosophical hermeneutics and the prejudicial character of understanding. We discuss how the concepts of hermeneutics can be used in the argumentation and interpretation of legal texts and human rights principles and treaties, in applied research, as well as in theoretical analyses of human rights issues. Hermeneutics finds favor with the field of human rights and in situations where we need to understand and communicate across different social groups and cultures. Referencing Gadamer, Benhabib and Nussbaum we seek to bridge the traditional gap between the humanities and legal science, which have often been regarded as two disciplines with distinctive theoretical and methodological approaches. The case of the ‘burqa bans’ or the ban on face covering will be applied as a case study.