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Gadamer And Law
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Book Synopsis Gadamer and Law by : FrancisJ.Mootz Iii
Download or read book Gadamer and Law written by FrancisJ.Mootz Iii and published by Routledge. This book was released on 2017-07-05 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Gadamer and Law by : FrancisJ.Mootz Iii
Download or read book Gadamer and Law written by FrancisJ.Mootz Iii and published by Routledge. This book was released on 2017-07-05 with total page 804 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Gadamer and Ricoeur by : Francis J. Mootz III
Download or read book Gadamer and Ricoeur written by Francis J. Mootz III and published by A&C Black. This book was released on 2011-04-14 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Gadamer written by Georgia Warnke and published by John Wiley & Sons. This book was released on 2013-05-08 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans-Georg Gadamer is one of the leading philosophers in the world today. His philosophical hermeneutics has had a major impact in a wide range of disciplines, including the social sciences, literary criticism, theology and jurisprudence. Truth and Method, his major work, is widely recognised to be one of the great classics of twentieth-century thought. In this book Georgia Warnke provides a clear and systematic exposition of Gadamer's work, as well as a balanced and thoughtful assessment of his views. Warnke gives particular attention to the ways in which Gadamer's work has been taken up and criticised by literary critics, social theorists and philosophers, such as Hirsch, Habermas and Rorty. She thus provides an introduction to Gadamer which demonstrates the relevance of his work to current debates in a variety of disciplines. This book will be invaluable to students and specialists throughout the humanities and social sciences, as well as to anyone who is interested in the most important developments in contemporary thought.
Download or read book Gadamer written by Donatella Di Cesare and published by Indiana University Press. This book was released on 2013-02-20 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Law's Hermeneutics by : Simone Glanert
Download or read book Law's Hermeneutics written by Simone Glanert and published by Taylor & Francis. This book was released on 2017-02-17 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Cambridge Companion to Hermeneutics by : Michael N. Forster
Download or read book The Cambridge Companion to Hermeneutics written by Michael N. Forster and published by Cambridge University Press. This book was released on 2019-01-03 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the relevance of hermeneutics for modern human sciences, its history and development, and its key philosophical debates.
Book Synopsis Legal Hermeneutics by : Gregory Leyh
Download or read book Legal Hermeneutics written by Gregory Leyh and published by Univ of California Press. This book was released on 2023-09-01 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Gadamer’s Repercussions by : Bruce Krajewski
Download or read book Gadamer’s Repercussions written by Bruce Krajewski and published by Univ of California Press. This book was released on 2004 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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
Book Synopsis Law, Hermeneutics and Rhetoric by : Professor Francis J Mootz III
Download or read book Law, Hermeneutics and Rhetoric written by Professor Francis J Mootz III and published by Ashgate Publishing, Ltd.. This book was released on 2013-07-28 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Hermeneutics: A Very Short Introduction by : Jens Zimmermann
Download or read book Hermeneutics: A Very Short Introduction written by Jens Zimmermann and published by OUP Oxford. This book was released on 2015-10-22 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hermeneutics is the branch of knowledge that deals with interpretation, a behaviour that is intrinsic to our daily lives. As humans, we decipher the meaning of newspaper articles, books, legal matters, religious texts, political speeches, emails, and even dinner conversations every day . But how is knowledge mediated through these forms? What constitutes the process of interpretation? And how do we draw meaning from the world around us so that we might understand our position in it? In this Very Short Introduction Jens Zimmermann traces the history of hermeneutic theory, setting out its key elements, and demonstrating how they can be applied to a broad range of disciplines: theology; literature; law; and natural and social sciences. Demonstrating the longstanding and wide-ranging necessity of interpretation, Zimmermann reveals its significance in our current social and political landscape. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
Book Synopsis Force and Freedom by : Arthur Ripstein
Download or read book Force and Freedom written by Arthur Ripstein and published by Harvard University Press. This book was released on 2010-02-15 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this masterful work, both an illumination of Kant’s thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant’s political philosophy. Ripstein shows that Kant’s thought is organized around two central claims: first, that legal institutions are not simply responses to human limitations or circumstances; indeed the requirements of justice can be articulated without recourse to views about human inclinations and vulnerabilities. Second, Kant argues for a distinctive moral principle, which restricts the legitimate use of force to the creation of a system of equal freedom. Ripstein’s description of the unity and philosophical plausibility of this dimension of Kant’s thought will be a revelation to political and legal scholars. In addition to providing a clear and coherent statement of the most misunderstood of Kant’s ideas, Ripstein also shows that Kant’s views remain conceptually powerful and morally appealing today. Ripstein defends the idea of equal freedom by examining several substantive areas of law—private rights, constitutional law, police powers, and punishment—and by demonstrating the compelling advantages of the Kantian framework over competing approaches.
Book Synopsis The Blackwell Companion to Hermeneutics by : Niall Keane
Download or read book The Blackwell Companion to Hermeneutics written by Niall Keane and published by John Wiley & Sons. This book was released on 2016-01-19 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Companion to Hermeneutics is a collection of original essays from leading international scholars that provide a definitive historical and critical compendium of philosophical hermeneutics. Offers a definitive historical, systematic, and critical compendium of hermeneutics Represents state-of-the-art thinking on the major themes, topics, concepts and figures of the hermeneutic tradition in philosophy and those who have influenced hermeneutic thought, including Kant, Hegel, Schleiermacher Dilthey, Heidegger, Gadamer, Ricoeur, Foucault, Habermas, and Rorty Explores the art and theory of interpretation as it intersects with a number of philosophical and inter-disciplinary areas, including humanism, theology, literature, politics, education and law Features contributions from an international cast of leading and upcoming scholars, who offer historically informed, philosophically comprehensive, and critically astute contributions in their individual fields of expertise Written to be accessible to interested non-specialists, as well asprofessional philosophers
Book Synopsis Evolution and the Common Law by : Allan C. Hutchinson
Download or read book Evolution and the Common Law written by Allan C. Hutchinson and published by Cambridge University Press. This book was released on 2005-04-04 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Inner Word in Gadamer's Hermeneutics by : John Arthos
Download or read book The Inner Word in Gadamer's Hermeneutics written by John Arthos and published by . This book was released on 2009 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis Gadamer in Conversation by : Hans-Georg Gadamer
Download or read book Gadamer in Conversation written by Hans-Georg Gadamer and published by Yale University Press. This book was released on 2001-01-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents six lively conversations with Hans-Georg Gadamer (born 1900), one of the twentieth century's master philosophers. Looking back over his life and thought, Gadamer takes up key issues in his philosophy, addresses points of controversy, and replies to his critics, including those who accuse him of having been in complicity with the Nazis. A genial and direct conversationalist, Gadamer is here captured at his best and most accessible. The interviews took place between 1989 and 1996, and all but one appear in English for the first time in this volume. The first three conversations, conducted by Heidelberg philosopher Carsten Dutt, deal with hermeneutics, aesthetics, and practical philosophy and the question of ethics. In a fourth conversation, with University of Heidelberg classics professor Glenn W. Most, Gadamer argues for the vital importance of the Greeks for our contemporary thinking. In the next, the philosopher reaffirms his connection with phenomenology and clarifies his relation to Husserl and Heidegger in a conversation with London philosopher Alfons Grieder. In the final interview, with German Nazi expert Dorte von Westernhagen, Gadamer describes his life
Book Synopsis Law's Hermeneutics by : Simone Glanert
Download or read book Law's Hermeneutics written by Simone Glanert and published by Routledge. This book was released on 2017-02-17 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
