Toolkit · Procedure · No. 46
Editorial illustration for The hermeneutic circle

The hermeneutic circle

from 1819 Schleiermacher; radicalised by Heidegger and Gadamer

You cannot understand the parts without the whole or the whole without the parts, so you go round — and going round is not a defect but how understanding works.

Active
from 1819
Where
Berlin, later Freiburg and Heidelberg
Also
hermeneutischer Zirkel
Status
In use
Difficulty
Power
Rigour
Reach
Relevance

What it is

Any text is understood part by part, and each part is understood in light of what the whole is taken to be. But the sense of the whole is assembled from the parts. The reasoning is circular and cannot be otherwise.

The hermeneutic tradition's claim is that this is not a vicious circle to be escaped but the structure of understanding itself. You enter it with a provisional sense of the whole, let the parts revise it, and go round again.

How it works

Form a provisional sense of the whole. Read a part in its light. Where the part resists, revise the whole rather than forcing the part. Read again. Continue until the parts stop resisting.

Gadamer adds the crucial test: the revision must be driven by the text's resistance rather than by your preference. An interpretation that never had to be revised was probably never open to the text at all.

The moves, in order

  1. Form a provisional sense of the whole
  2. Read a part in its light
  3. Where the part resists, revise the sense of the whole
  4. Re-read the earlier parts against the revision
  5. Continue until the parts no longer resist

The procedure

Proposition The indemnity clause is limited to third-party claims.

  1. Read alone, clause 14 is unlimited: the contractor indemnifies the principal against all loss arising from the works.
  2. Provisional sense of the whole: this is a standard construction contract allocating risk between the parties.
  3. But clause 14 read that way makes clause 22 pointless, since 22 caps the contractor's direct liability at the contract sum, and an unlimited indemnity would swallow the cap entirely.
  4. Revise the whole: the agreement distinguishes throughout between claims by outsiders and claims between the parties — the insurance schedule, the notification provisions and the dispute clause are all built on that distinction.
  5. Read clause 14 again in that light: as a third-party indemnity it sits consistently with 22, with the insurance schedule and with the notification regime, and nothing in the contract is left doing no work.

Therefore Clause 14 is limited to third-party claims, and the reading was reached by letting clause 22's resistance revise the sense of the whole rather than by reading 14 harder.

Every court in the common law world does this and calls it construing the contract as a whole. The hermeneutic tradition's contribution is not the practice but the observation that it is circular and that this is fine.

What it is good for

Reading anything long enough to have a structure: contracts, statutes, scripture, novels, codebases, an organisation's culture. It is the standard method of interpretation everywhere, usually unnamed.

Where it fails

There is no exit and no external check. The circle closes when the parts stop resisting, and they stop resisting when the reader has a whole that accommodates them — which a determined reader can always construct. Nothing in the method distinguishes an interpretation that has converged on the text from one that has converged on the reader.

Betti and Hirsch pressed exactly this against Gadamer: without the author's intention as an anchor, there is no principled way to call a reading wrong, only ways to call it less satisfying.

It is also unfalsifiable in an unusual way. A part that resists is evidence the whole needs revising; a part that fits is evidence the whole is right. No observation counts against the method itself.

Common misconceptions

That the circularity is a problem the tradition failed to solve. Heidegger's point is that it was never a problem — the task is not to get out of the circle but to get into it properly, which means with your provisional understanding made explicit rather than hidden.

Where it came from

Schleiermacher formulates it as a problem of technique in the early nineteenth century. Heidegger makes it a feature of understanding as such in Being and Time. Gadamer builds an entire philosophy on it in Truth and Method.

What became of it

Absorbed everywhere. It is now simply how interpretation is understood to work in law, literary study, theology and qualitative social research.

Lasting influence

Its practical descendant is the whole-document reading rule in contract and statutory interpretation, which every legal system arrived at independently.

Why it still matters

Universal wherever documents are read carefully.

Put another way

Assembling a jigsaw with no picture on the box, where each piece tells you a little more about the picture.

Texts

Hans-Georg Gadamer, Truth and Method

Long and difficult. The section on prejudice and the rehabilitation of tradition is the philosophically decisive part.

Where to start

Read any judgment that construes a clause by reference to the whole agreement. That is the circle, in a jurisdiction that has never heard of Gadamer.

The surprising bit

The most abstract-sounding idea in continental philosophy is identical to the most routine rule of legal drafting, and neither tradition noticed for a century.

In their own words

What is decisive is not to get out of the circle but to come into it in the right way

Martin Heidegger, Being and Time

Who held it

Emilio Betti

Connections

The verdict

An accurate description of how understanding actually proceeds, and no help whatever in telling a good reading from a bad one.

Sources