Hermeneutical Model for Identification of Juridical Variables in the ICT Comparative Research

14 Pages Posted: 7 Jun 2012

See all articles by Marcio Aranha

Marcio Aranha

University of Brasilia; School of Law Research Center on Administrative Law and Regulatory Practice; University of Brasilia Research Center on Communications Policy, Law, Economics, and Technology; Telecommunications Law Research Group

Date Written: May 2, 2011

Abstract

This article discusses the basis to construct a model for identification of juridical variables, as a set of institutional variables based upon a given juridical framework, to be used in ICT comparative analyses from the perspective of the information revolution category and dependence of economic development upon ICT: the Telecommunications Law Indicators for Comparative Studies (TLICS) model. The research question is: what is the correlation between traditional juridical theories on interpretation and the institutional variables used in comparative analyses of ICT regulatory models? The article is organized in three main parts. A review of the literature is performed in the first part, in which ICT comparative analyses are scrutinized to show how juridical variables are incorporated by them. The second part delves into the methodology, theory, and operational tool for the proposed model. The third part identifies dimensions and variables apt to depict the juridical framework of ICT comparative analyses. Betti’s prescriptive hermeneutics and Hesse’s hermeneutics are adopted as methodologies of approach, based upon the institutional theory of law (Santi Romano) and Schmitt’s concept of institutional guarantees (institutionelle Garantien). As a main outcome, this article shows that juridical methodology, theory, and operative tools are important assets to assure the commensurability of institutional variables usually adopted by comparative research studies dealing with the relationship between development and ICT.

Keywords: Hermeneutics, institutional guarantees, ICT juridical variables, Telecommunications Law Indicators for Comparative Studies (TLICS) Model

Suggested Citation

Aranha, Marcio, Hermeneutical Model for Identification of Juridical Variables in the ICT Comparative Research (May 2, 2011). Available at SSRN: https://ssrn.com/abstract=2079096 or http://dx.doi.org/10.2139/ssrn.2079096

Marcio Aranha (Contact Author)

University of Brasilia ( email )

Campus Universitário Darcy Ribeiro
Asa Norte
Brasília, Distrito Federal 70910-900
Brazil

HOME PAGE: http://www.fd.unb.br/

School of Law Research Center on Administrative Law and Regulatory Practice ( email )

Brasilia, DF
Brazil

HOME PAGE: http://www.ndsr.org/

University of Brasilia Research Center on Communications Policy, Law, Economics, and Technology ( email )

Caixa Postal 04413
Brasilia, 70919-970
Brazil

HOME PAGE: http://www.ccom.website

Telecommunications Law Research Group ( email )

Brazil

HOME PAGE: http://www.getel.org

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