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Gadamer and Law

Gadamer and Law
Author: FrancisJ.Mootz Iii
Publisher: Routledge
Total Pages: 532
Release: 2017-07-05
Genre: Law
ISBN: 1351566075

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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

Law, Hermeneutics and Rhetoric
Author: Francis J. Mootz Iii
Publisher: Routledge
Total Pages: 493
Release: 2016-04-22
Genre: Law
ISBN: 1317107500

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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.


Gadamer and Law

Gadamer and Law
Author: FrancisJ.Mootz Iii
Publisher: Routledge
Total Pages: 544
Release: 2017-07-05
Genre: History
ISBN: 1351566083

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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.


Gadamer and Ricoeur

Gadamer and Ricoeur
Author: Francis J. Mootz III
Publisher: A&C Black
Total Pages: 305
Release: 2011-04-14
Genre: Philosophy
ISBN: 1441165797

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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.


The Cambridge Companion to Hermeneutics

The Cambridge Companion to Hermeneutics
Author: Michael N. Forster
Publisher: Cambridge University Press
Total Pages: 435
Release: 2019-01-03
Genre: Philosophy
ISBN: 1107187605

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Explores the relevance of hermeneutics for modern human sciences, its history and development, and its key philosophical debates.


Legal Hermeneutics

Legal Hermeneutics
Author: Gregory Leyh
Publisher: University of California Press
Total Pages: 346
Release: 2021-01-08
Genre: Political Science
ISBN: 0520329376

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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.


Law's Hermeneutics

Law's Hermeneutics
Author: Simone Glanert
Publisher: Taylor & Francis
Total Pages: 256
Release: 2017-02-17
Genre: Law
ISBN: 1317301668

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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.


Gadamer

Gadamer
Author: Donatella Di Cesare
Publisher: Indiana University Press
Total Pages: 248
Release: 2013-02-20
Genre: Philosophy
ISBN: 0253007631

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Hans-Georg Gadamer (1900-2002), one of the towering figures of contemporary Continental philosophy, is best known for Truth and Method, where he elaborated the concept of "philosophical hermeneutics," a programmatic way to get to what we do when we engage in interpretation. Donatella Di Cesare highlights the central place of Greek philosophy, particularly Plato, in Gadamer's work, brings out differences between his thought and that of Heidegger, and connects him with discussions and debates in pragmatism. This is a sensitive and thoroughly readable philosophical portrait of one of the 20th century's most powerful thinkers.


Gadamer’s Repercussions

Gadamer’s Repercussions
Author: Bruce Krajewski
Publisher: Univ of California Press
Total Pages: 342
Release: 2004
Genre: Philosophy
ISBN: 9780520231863

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"Gadamer’s Repercussions is a terrific collection of essays. While Gadamer is not the most precise of philosophers, he turns out, in this book at least, to be among the most generative. The essays prove that Gadamer’s idealizing of dialogue can actually be put in practice by careful attention to the frameworks he addresses. I was most impressed by the essays that situate his ethics, his aesthetics, his relation to romanticism, his understanding of the relation of law and morality, his engagements with Fascism, and several aspects of his vexed relationship with postmodern thinking, especially on the possibility of dialogue."—Charles Altieri, author of The Particulars of Rapture "Gadamer is well known for his insistence that every reading is a new reading and every act of understanding a pathway to new understanding. Krajewski’s carefully assembled volume applies these maxims to the understanding of Gadamer himself. By focusing on his intellectual and political background as well as his long-range influence and repercussions, the book opens new vistas for assessing one of the philosophical giants of the twentieth century."—Fred Dallmayr, author of Dialogue Among Civilizations


The Inner Word in Gadamer's Hermeneutics

The Inner Word in Gadamer's Hermeneutics
Author: John Arthos
Publisher:
Total Pages: 488
Release: 2009
Genre: Bibles
ISBN:

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Late in his life, Hans-Georg Gadamer was asked to explain what the universal aspect of hermeneutics consisted in, and he replied, enigmatically, "in the verbum interius." Gadamer devoted a pivotal section of his magnum opus, Truth and Method, to this Augustinian concept, and subsequently pointed to it as a kind of passkey to his thought. It remains, however, both in its origins and its interpretations, a mysterious concept. From out of its layered history, it remains a provocation to thought, expressing something about the relation of language and understanding that has yet to be fully worked out. The scholastic idea of a word that is fully formed in the mind but not articulated served Augustine as an analogy for the procession of the Trinity, and served Thomas Aquinas as an analogy for the procession between divine ideas and human thought. Gadamer turned the analogy on its head by using the verbum interius to explain the obscure relation between language and human understanding. His learned interpretation of the idea of the inner word through Neoplatonism, Lutheranism, idealism, and historicism may seem nearly as complex as the medieval source texts he consulted and construed in his exegesis, but the profoundity of his insights are unquestioned. In unpacking Gadamer's interpretive feat, John Arthos provides an overview of the philosophy of the logos out of which the verbum interius emerged. He summarizes the development of the verbum in ancient and medieval doctrine, traces its path through German thought, and explains its relevance to modern hermeneutic theory. His work unfolds in two parts, as an expansive intellectual history and as a close analysis and commentary on source texts on the inner word, from Augustine to Gadamer. As such, this book serves as an indispensable guide and reference for hermeneutics and the intellectual traditions out of which it arose, as well as an original theoretical statement in its own right. "Consummately researched, lucidly written, and persuasively argued throughout, The Inner Word succeeds brilliantly in bringing to light this neglected but pivotal matter in Gadamer's work. Arthos is learned in the best 'humanist' way, for he succeeds in creating something new of his own that will speak eloquently to all of us." --Walter Jost, University of Virginia "Gadamer suggests that the Christian idea of incarnation is a key to his hermeneutics, but does not explain his position in a detailed or systematic manner. Arthos brings his considerable knowledge of hermeneutics and rhetoric to bear on Gadamer's insight, recounting the rich intellectual history to which Gadamer gestures, and providing an extended and detailed exegesis of this pivotal point in the third part of Truth and Method. Gadamer's account of 'linguisticality,' Arthos explains, can best be understood through his use of a complex metaphor--the 'inner word.' Arthos matches his erudition with clear and clean prose, and his account exemplifies, rather than just describes, Gadamer's hermeneutical philosophy. Any scholar interested in Gadamer's philosophy should have this book on his or her shelf." --Francis J. Mootz III, William S. Boyd Professor of Law, William S. Boyd School of Law "Arthos's strength lies for me in his careful reading of the sources. He effectively commands the literature on the subject. This work shows in a sophisticated way the legacy of trinitarian theology for philosophical hermeneutics. The very complex task of illuminating the phenomenon of the verbum interius and indicating its centrality for philosophical hermeneutics is accomplished by John Arthos with great sensitivity to the subject matter." --Andrzej Wiercinski, The International Institute for Hermeneutics