Abstract
The discipline of law has a decisive role in the hermeneutic theory, which Hans-Georg Gadamer calls philosophical hermeneutics. There are intellectual possibilities in the discipline of law, which is described as having a guiding function in Geisteswissenschaften, that can benefit from Gadamer's philosophy regarding the interpretation of law, which is an existential problem. Gadamer designed the interpretation as a basis for the thought that interpretation is a necessary activity in revealing the meaning of the text. In his work titled “Truth and Method”, where the understanding reveals its elements as a universal act, he touched upon the application of the rule of law, the function of the judge's effectiveness in the light of his pre-acceptance that interpretation is a necessary act in all areas of existence. The fact that the interpretation belongs to an existential field means that it has a founding function, not a transponder. Therefore, the position of the subject and the subject of the interpretation will also be within this scope.
In this paper, the general ways of dealing with the problem of interpretation will not be included in Gadamer's thought or legal methodology. Instead, the functions assumed by Gadamer's intellectual universe from the perspective of approaching the problem of interpretation in law will be described. In the light of Gadamer's philosophy, interpretation of the law is always a founding act. If the interpretation is an informational rather than an informational one, that is, it is impossible to understand what is to be understood, every interpretation of it by the judge is essential for the revival of the text for the text of the law. The founding function of the interpretation also occurs in the general rule - special case relation, which is an ancient problem of law. Fact and rule establish each other in reciprocity. The judge also plays an active role in this whole process. As the subject and subject of understanding, the judge acts as a founder and creative act, not a forwarder. The fact that the interpretation is founder means that the judges have both more responsibility and the quality of their duties than they are supposed to have.