“el concepto de historia efectual en la filosofia hermeneutica de hans george gadamer como metalenguaje para la seleccion de teoria en la investigacion del derecho”

The objective of this research is to demonstrate the epistemic conditions in which the hermeneutics philosophy, raised by Hans George Gadamer, can be use as a parameter for the rational selection of theories on the knowledge of the law. It’s about the possibility of using hermeneutics as metalanguage, from which we can strengthen the link between the interpreter with language and concepts in order to systematically articulate such knowledge. To achieve this, we must start from briefly analyzing of theoretical change that has recently suffered the concept of law in to a normativist and an interpretativist structure. From a metalanguage, we will try to study the epistemological foundations of knowledge of law without limitations in the normative interpretation, but rather linked to a process of theoretical selection, through which we can establish what is the best theory that supports the hypothesis, facing such a problem. Howard Sankey proposes an non algorithmic rational theory to support freedom in the selection of rival theories, which will be use for the solution of the problem.