Gadamer And Law
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Gadamer And Law
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Author : FrancisJ.Mootz Iii
language : en
Publisher: Routledge
Release Date : 2017-07-05
Gadamer And Law written by FrancisJ.Mootz Iii and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Law categories.
Hans-Georg Gadamer?s philosophical hermeneutics is especially relevant for law, which is grounded in the interpretation of authoritative texts from the past to resolve present-day disputes. In this collection, leading scholars consider the importance of Gadamer?s philosophy for ongoing disputes in legal theory. The work of prominent philosophers, including Fred Dallmayr, P. Christopher Smith and David Hoy, is joined with the work of leading legal theorists, such as William Eskridge, Lawrence Solum and Dennis Patterson, to provide an overview of the connections between law and Gadamer?s hermeneutical philosophy. Part I considers the relevance of Gadamer?s philosophy to longstanding disputes in legal theory such as the debate over originalism, the rule of law and proper modes of statutory and constitutional exegesis. Part II demonstrates Gadamer?s significance for legal theory by comparing his approach to the work of Nietzsche, Habermas and Dworkin.
Law Hermeneutics And Rhetoric
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Author : Francis J. Mootz Iii
language : en
Publisher: Routledge
Release Date : 2016-04-22
Law Hermeneutics And Rhetoric written by Francis J. Mootz Iii and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
Mootz offers an antidote to the fragmentation of contemporary legal theory with a collection of essays arguing that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. This is not a modern insight that wipes away centuries of dogmatic confusion; rather, Mootz draws on insights as old as the Western tradition itself. However, the essays are not antiquarian or merely descriptive, because hermeneutical and rhetorical philosophy have undergone important changes over the millennia. To "return" to hermeneutics and rhetoric as touchstones for law is to embrace dynamic traditions that provide the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization in accordance with expert administration, violent suppression, or both.
Law S Hermeneutics
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Author : Simone Glanert
language : en
Publisher: Taylor & Francis
Release Date : 2017-02-17
Law S Hermeneutics written by Simone Glanert and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-17 with Law categories.
Bringing together leading academics hailing from different cultural and scholarly horizons, this book revisits legal hermeneutics by making particular reference to philosophy, sociology and linguistics. On the assumption that theory has much to teach law, that theory motivates and enables, the writings of such intellectuals as Martin Heidegger, Hans-Georg Gadamer, Jacques Derrida, Paul Ricœur, Giorgio Agamben, Jürgen Habermas, Ronald Dworkin and Ludwig Wittgenstein receive special consideration. As it explores the matter of reading the law and as it inquires into the emergence of meaning within the dynamic between reader and text against the background of the reader’s worldly finiteness, this collection of essays wishes to contribute to an improved appreciation of the merits and limits of law’s hermeneutics which, it argues, is emphatically not to be reduced to a simple tool for textual exegesis.
Legal Hermeneutics
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Author : Gregory Leyh
language : en
Publisher: University of California Press
Release Date : 2021-01-08
Legal Hermeneutics written by Gregory Leyh and has been published by University of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-08 with Political Science categories.
This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1992.
On Philosophy In American Law
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Author : Francis J. Mootz III
language : en
Publisher: Cambridge University Press
Release Date : 2009-03-23
On Philosophy In American Law written by Francis J. Mootz III and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-23 with Law categories.
In recent years, there has been tremendous growth of interest in the connections between law and philosophy, but the diversity of approaches that claim to be working at the intersection of these disciplines might suggest that this area of inquiry is so fractured as to be incoherent. This volume gathers leading scholars to provide focused and straightforward articulations of the role that philosophy might play at this juncture of the history of American legal thought. It marks the seventy-fifth anniversary of Karl Llewellyn's essay 'On Philosophy in American Law' in which he rehearsed the broad development of American jurisprudence, diagnosed its contemporary failings and then charted a productive path opened by the variegated scholarship that claimed to initiate a realistic approach to law and legal theory. It is written in the spirit of Llewellyn's article: they are succinct and direct arguments about the potential for bringing law and philosophy together.
Gadamer And Ricoeur
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Author : Francis J. Mootz III
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-04-14
Gadamer And Ricoeur written by Francis J. Mootz III and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-04-14 with Philosophy categories.
Hans-Georg Gadamer and Paul Ricoeur were two of the most important hermeneutical philosophers of the twentieth century. Gadamer single-handedly revived hermeneutics as a philosophical field with his many essays and his masterpiece, Truth and Method. Ricoeur famously mediated the Gadamer-Habermas debate and advanced his own hermeneutical philosophy through a number of books addressing social theory, religion, psychoanalysis and political philosophy. This book brings Gadamer and Ricoeur into a hermeneutical conversation with each other through some of their most important commentators. Twelve leading scholars deliver contemporary assessments of the history and promise of hermeneutical philosophy, providing focused discussion on the work of these two key hermeneutical thinkers. The book shows how the horizons of their thought at once support and question each other and how, in many ways, the work of these two pioneering philosophers defines the issues and agendas for the new century.
Festivals Of Interpretation
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Author : Kathleen Wright
language : en
Publisher: State University of New York Press
Release Date : 1990-08-27
Festivals Of Interpretation written by Kathleen Wright and has been published by State University of New York Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990-08-27 with Philosophy categories.
This book engages and clarifies concepts crucial to Hans-Georg Gadamer's philosophical hermeneutics, including the concepts of effective-history, tradition, dialogue, and language. Festivals of Interpretation exhibits the universal scope of hermeneutics. The authors respond to three questions often raised about Gadamer's philosophical hermeneutics. Part One takes up the question of how Gadamer understands truth. It discusses how hermeneutical truth relates to methods, how truth may be thought to be historically conditioned without at the same time being relative, and how a truthful interpretation can produce a new understanding while simultaneously remaining faithful to the text. Part Two brings out the political, legal, and social relevance of Gadamer's philosophical hermeneutics by focusing on the role interpretation plays in times of political crisis, of disputes in Constitutional law, of changing ideas of societal needs such as health care, and of increased technological control of public opinion. The last question often asked about Gadamer's work concerns its relation to poetry. Part Three treats the challenge posed to philosophy by poetry in general and particularly by the poetry of Paul Celan as well as questions raised recently by Jacques Derrida about different ways of thinking about interpretation and text.
Evolution And The Common Law
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Author : Allan C. Hutchinson
language : en
Publisher: Cambridge University Press
Release Date : 2005-04-04
Evolution And The Common Law written by Allan C. Hutchinson and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-04-04 with Law categories.
This book offers a radical challenge to accounts of the common law's development. Contrary to received jurisprudential wisdom, it maintains there is no grand theory which will explain satisfactorily the dynamic interactions of change and stability in the common law's history. Offering original readings of Charles Darwin's and Hans-Georg Gadamer's works, the book shows that law is a rhetorical activity that can only be properly appreciated in its historical and political context; tradition and transformation are locked in a mutually reinforcing but thoroughly contingent embrace. In contrast to the dewy-eyed offerings of much contemporary work, it demonstrates that, like life, law is an organic process (i.e., events are the products of functional and localized causes) rather than a miraculous one (i.e., events are the result of some grand plan or intervention). In short, common law is a perpetual work-in-progress - evanescent, dynamic, messy, productive, tantalising, and bottom-up.
Gadamer And The Question Of Understanding
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Author : Adrian Costache
language : en
Publisher: Rowman & Littlefield
Release Date : 2016-02-24
Gadamer And The Question Of Understanding written by Adrian Costache and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-24 with Philosophy categories.
Hans-Georg Gadamer is depicted as a paradoxical figure in the literature. When Gadamer’s work is approached by itself, outside the history of hermeneutics, he is generally presented as the disciple of Martin Heidegger, whose main theoretical contribution lies in having transposed his ontological hermeneutics into the sphere of the human sciences. Usually the master-student relation ends with a break between the two brought about by the student’s desire to become herself a master. In Gadamer and Heidegger’s case, scholarship has always excluded the possibility of such a symbolic parricide. However, when Gadamer’s work is approached from the history of hermeneutics, he, not Heidegger, is revered as the central figure of hermeneutic theory in the twentieth century, and scholars perceive the works of the latter—together with those of his immediate forerunners Friedrich Schleiermacher and Wilhelm Dilthey—as mere preambles to the great hermeneutic theory proposed by Truth and Method, and the works of those following him as footnotes to it. Gadamer and the Question of Understanding: Between Heidegger and Derrida dismantles this paradox by showing, on the one hand, that Gadamer’s translation of Heidegger involved, as he himself says, a series of “essential alterations” to the original which make philosophical hermeneutics a more coherent and better articulated hermeneutic theory, one offering a more faithful description of the phenomenon of understanding than Heidegger’s. And, on the other hand, by taking the dossier of the famous encounter between Gadamer and Derrida as its cue, Adrian Costache demonstrates that in light of Derrida’s deconstruction, every step Gadamer takes forward from Heidegger as well as from Schleiermacher and Dilthey—however necessary--is problematic in itself. The insights in this book will be valuable to students and scholars interested in modern and contemporary European philosophy, especially those focusing on philosophical hermeneutics and deconstruction, as well as those working in social sciences that have incorporated a hermeneutic approach to their investigations, such as pedagogy, sociology, psychotherapy, law, and nursing.
Hermeneutics As A General Methodology Of The Sciences Of The Spirit
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Author : Emilio Betti
language : en
Publisher: Routledge
Release Date : 2021-03-30
Hermeneutics As A General Methodology Of The Sciences Of The Spirit written by Emilio Betti and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-30 with Law categories.
With a Foreword by Lars Vinx, this book is the first complete English translation of the Italian jurist, Emilio Betti’s classic work Die Hermeneutik als allgemeine Methodik der Geisteswissenschaften, originally published in 1962. Betti’s hermeneutical theory is presented here as a ‘general methodology of the sciences of the spirit’, such as to allow the achievement of objectivity, however relative it might be. Its central focus is the tension between an object, to be considered in its autonomy, and the subjectivity of the interpreter, who can understand the object only by means of his or her own categories, historical-cultural conditions, and interests. Set against the work of Bultmann and Gadamer, Betti is concerned to limit the arbitrariness of subjectivity without diminishing the place of interpretation. Detailing the principles that govern, and therefore, guide any interpretation, Betti traces how interpretation in art and in literature, as well as in the fields of science, jurisprudence, sociology, and economy, can be said to be objective, albeit only ever in a relative sense. This summa of Betti’s key contribution to hermeneutic theory will be of interest across a range of disciplines, including legal and literary theory, philosophy, as well as the history and sociology of law.