Hermenéutica analógica y resolución de conflictos

Abstract

This paper aims to address the Consensual methods of conflict resolution, either at the level of individuals, groups or states, has always existed, but in recent decades have gained a special interest, before the dangerous advance of the conflict in all areas. In presenting the possibilities of analogue hermeneutics are explored to support mediation and arbitration are pre-judicial, judicial, local or school. It starts from the following assumptions: 1) The agreement between the parties, or agreed award or “self cast” in the conception of ethics and Werner Goldschmidt is ontologically superior to decisionist resource; 2) The autonomous cast performs better value justice as defi nitively settles the dispute and resume because the concept of prudent behavior in the form of epiqueia or justice of the particular case; 3) It can become a “model” with respect to subsequent situations; 4) Avoid unnecessary and makes ethical and/or legal theoretical discussions on the possible application of general rules, these problems are often difficult or impossible to resolve. It will be argued in favor of the following assumptions: 1) Hermeneutics can carry analog elements for understanding the logic of the conflict situation; 2) It can add items to a hermeneutics of the conflict situation as a whole and not only of each position separately; 3) Contribute heuristics and prudential elements to help the task of the mediator in order that each party “is put in their place”.