Download or read book Law Hermeneutics and Rhetoric written by Francis J. Mootz Iii and published by Routledge. This book was released on 2016-04-22 with total page 492 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.
Download or read book Rhetoric and Hermeneutics in Our Time written by Walter Jost and published by Yale University Press. This book was released on 1997-01-01 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book initiates a dialogue among scholars in rhetoric and hermeneutics in many areas of the humanities. Twenty leading thinkers explore the ways these two powerful disciplines inform each other and influence a wide variety of intellectual fields. Walter Jost and Michael J. Hyde organize pivotal topics in rhetoric and hermeneutics with originality and coherence, dividing their book into four sections: Locating the Disciplines; Inventions and Applications; Arguments and Narratives; and Civic Discourse and Critical Theory. Contributors to this volume include Hans-Georg Gadamer (one of whose pieces is here translated into English for the first time), Paul Ricoeur, Gerald L. Bruns, Charles Altieri, Richard E. Palmer, Calvin O. Schrag,.Victoria Kahn, Eugene Garver, Michael Leff, Nancy S. Streuver, Wendy Olmsted, David Tracy, Donald G. Marshall, Allen Scult, Rita Copeland, William Rehg, and Steven Mailloux. For readers across the humanities, the book demonstrates the usefulness of rhetorical and hermeneutic approaches in literary, philosophical, legal, religious, and political thinking. With its stimulating new perspectives on the revival and interrelation of both rhetoric and hermeneutics, this collection is sure to serve as a benchmark for years to come.
Download or read book Hermeneutics and the Rhetorical Tradition written by Kathy Eden and published by Yale University Press. This book was released on 2005-04-10 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book poses an eloquent challenge to the common conception of the hermeneutical tradition as a purely modern German specialty. Kathy Eden traces a continuous tradition of interpretation from Republican Rome to Reformation Europe, arguing that the historical grounding of modern hermeneutics is in the ancient tradition of rhetoric.
Download or read book Rhetoric s Pragmatism written by Steven Mailloux and published by Penn State Press. This book was released on 2017-04-27 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: For over thirty years, Steven Mailloux has championed and advanced the field of rhetorical hermeneutics, a historically and theoretically informed approach to textual interpretation. This volume collects fourteen of his most recent influential essays on the methodology, plus an interview. Following from the proposition that rhetorical hermeneutics uses rhetoric to practice theory by doing history, this book examines a diverse range of texts from literature, history, law, religion, and cultural studies. Through four sections, Mailloux explores the theoretical writings of Heidegger, Burke, and Rorty, among others; Jesuit educational treatises; and products of popular culture such as Azar Nafisi’s Reading Lolita in Tehran and Star Trek: The Next Generation. In doing so, he shows how rhetorical perspectives and pragmatist traditions work together as two mutually supportive modes of understanding, and he demonstrates how the combination of rhetoric and interpretation works both in theory and in practice. Theoretically, rhetorical hermeneutics can be understood as a form of neopragmatism. Practically, it focuses on the production, circulation, and reception of written and performed communication. A thought-provoking collection from a preeminent literary critic and rhetorician, Rhetoric’s Pragmatism assesses the practice and value of rhetorical hermeneutics today and the directions in which it might head. Scholars and students of rhetoric and communication studies, critical theory, literature, law, religion, and American studies will find Mailloux’s arguments enlightening and essential.
Download or read book Rhetorical Knowledge in Legal Practice and Critical Legal Theory written by Francis J. Mootz and published by University of Alabama Press. This book was released on 2006-11-12 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description
Download or read book Rhetorical Hermeneutics written by Alan G. Gross and published by SUNY Press. This book was released on 1997-01-01 with total page 740 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the nature of rhetorical theory and criticism, the rhetoric of science, and the impact of poststructuralism and postmodernism on contemporary accounts of rhetoric.
Download or read book Legal Hermeneutics written by Gregory Leyh and published by University of California Press. This book was released on 2021-01-08 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.
Download or read book The Rhetoric of Law written by Austin Sarat and published by University of Michigan Press. This book was released on 1996-01-23 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVAn interdisciplinary critique of the relationship between words and the law /div
Download or read book Interpreting Law and Literature written by Sanford Levinson and published by Northwestern University Press. This book was released on 1988 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Preface: "Contemporary theory has usefully analyzed how alternative modes of interpretation produce different meanings, how reading itself is constituted by the variable perspectives of readers, and how these perspectives are in turn defined by prejudices, ideologies, interests, and so forth. Some theorists gave argued persuasively that textual meaning, in literature and in literary interpretation, is structured by repression and forgetting, by what the literary or critical text does not say as much as by what it does. All these claims are directly relevant to legal hermeneutics, and thus it is no surprise that legal theorists have recently been turning to literary theory for potential insight into the interpretation of law. This collection of essays is designed to represent the especially rich interactive that has taken place between legal and literary hermeneutics during the past ten years."
Download or read book Justice Scalia written by Brian G. Slocum and published by University of Chicago Press. This book was released on 2019-03-06 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice Antonin Scalia (1936–2016) was the single most important figure in the emergence of the “new originalist” interpretation of the US Constitution, which sought to anchor the court’s interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia’s legal arguments, the contributors collectively reveal that Scalia enacted his rigidly conservative vision of the law through his rhetorical framing.
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 Reading Ricoeur through Law written by Marc de Leeuw and published by Rowman & Littlefield. This book was released on 2022-01-25 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reading Ricoeur through Law, edited by Marc de Leeuw, George H. Taylor, and Eileen Brennan, is the first collection of essays solely focused on Ricoeur’s thinking about law, bringing together both established and emerging scholars to offer a systematic and critical examination of Ricoeur’s legal thinking. The chapters not only explore the specific contribution Ricoeur makes to the field of jurisprudence but also examine how Ricoeur’s work on law fits, complements, or changes his overall anthropology, phenomenology, and hermeneutics. The book provides a complex insight into how law, ethics, and politics intertwine both from within law as normative rule setting, as well as through the wider social-political and historical context in which law and legal institutions affect our inter-subjective and communal life as lived “with and for others in just institutions.” The collection also makes available in English “The Just between the Legal and the Good,” a key text in Ricoeur’s reflections about law and justice. The core topics of this collection are rights, justice, responsibility, judging, interpretation, argumentation, punishment, and authority, but contributors also offer original insights in how Ricoeur’s philosophical reconceptualization of symbolism, action, ideology, narrative, selfhood, testimony, history, trauma, reconciliation, justice, and forgiveness can be made productive for our understanding of law and legal institutions.
Download or read book Arguing Over Texts written by Martin Camper and published by Oxford University Press. This book was released on 2018 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Constitution to the Bible, from literary classics to political sound bites, our modern lives are filled with numerous texts that govern and influence our behavior and beliefs. Whether in the courtrooms of our judiciaries or over our dining room tables, we argue over what these texts mean as we apply them to our lives. Various schools of hermeneutics offer theories of how we generally understand the world around us or how to read certain types of texts to arrive at the correct or best interpretation, but most neglect the argumentative and persuasive nature of every act of interpretation. In Arguing over Texts, Martin Camper presents a rhetorical method for understanding the types of disagreement people have over the meaning of texts and the lines of argument they use to resolve those disagreements. Camper's fresh approach has its roots in the long forgotten interpretive stases, originally devised by ancient Greek and Roman teachers of rhetoric for inventing courtroom arguments concerning the meaning of legal documents such as wills, laws, and contracts. The interpretive stases identify general, recurring debates over textual meaning and catalogue the lines of reasoning arguers may employ to support their preferred interpretations. Drawing on contemporary research in language, persuasion, and cognition, Camper expands the scope of the interpretive stases to cover textual controversies in virtually any context. To illustrate the interpretive stases' wide range of applicability, Arguing over Texts contains examples of interpretive debates from law, politics, religion, history, and literary criticism. Arguing over Texts will appeal to anyone who is interested in analyzing and constructing interpretive arguments.
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 144 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.
Download or read book Law s Stories written by Peter Brooks and published by Yale University Press. This book was released on 1996-01-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law is full of stories, ranging from the competing narratives presented at trials to the Olympian historical narratives set forth in Supreme Court opinions. How those stories are told and listened to makes a crucial difference to those whose lives are reworked in legal storytelling. The public at large has increasingly been drawn to law as an area where vivid human stories are played out with distinctively high stakes. And scholars in several fields have recently come to recognize that law's stories need to be studied critically. This notable volume--inspired by a symposium held at Yale Law School--brings together an exceptional group of well-known figures in law and literary studies to take a probing look at how and why stories are told in the law and how they are constructed and made effective. Why is it that some stories--confessions, victim impact statements--can be excluded from decisionmakers' hearing? How do judges claim the authority by which they impose certain stories on reality? Law's Stories opens new perspectives on the law, as narrative exchange, performance, explanation. It provides a compelling encounter of law and literature, seen as two wary but necessary interlocutors. Contributors J. M. Balkin Peter Brooks Harlon L. Dalton Alan M. Dershowitz Daniel A. Farber Robert A. Ferguson Paul Gewirtz John Hollander Anthony Kronman Pierre N. Leval Sanford Levinson Catharine MacKinnon Janet Malcolm Martha Minow David N. Rosen Elaine Scarry Louis Michael Seidman Suzanna Sherry Reva B. Siegel Robert Weisberg
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.
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
