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.
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.
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 493 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 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 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.
Download or read book Law Interpretation and Reality written by Patrick Nerhot and published by Springer Science & Business Media. This book was released on 1989-12-31 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.
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 The Science of Biblical Hermeneutics written by Rollin Thomas Chafer and published by . This book was released on 2011-07-01 with total page 94 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Legal and Political Hermeneutics Or Principles of Interpretation and Construction in Law and Politics written by Francis Lieber and published by . This book was released on 1839 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law Interpretation and Reality written by P.J. Nerhot and published by Springer Science & Business Media. This book was released on 2013-04-17 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.
Download or read book The Nature of Legal Interpretation written by Brian G. Slocum and published by University of Chicago Press. This book was released on 2017-05-17 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless—we are all experts on our native tongues. Despite this, issues of language and meaning have long flummoxed the judges on whom we depend for the interpretation of our most fundamental legal texts. Should a judge feel confident in defining common words in the texts without the aid of a linguist? How is the meaning communicated by the text determined? Should the communicative meaning of texts be decisive, or at least influential? To fully engage and probe these questions of interpretation, this volume draws upon a variety of experts from several fields, who collectively examine the interpretation of legal texts. In The Nature of Legal Interpretation, the contributors argue that the meaning of language is crucial to the interpretation of legal texts, such as statutes, constitutions, and contracts. Accordingly, expert analysis of language from linguists, philosophers, and legal scholars should influence how courts interpret legal texts. Offering insightful new interdisciplinary perspectives on originalism and legal interpretation, these essays put forth a significant and provocative discussion of how best to characterize the nature of language in legal texts.
Download or read book Science and Hermeneutics written by Vern S. Poythress and published by Zondervan. This book was released on 1988 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Many years ago, upon reading Thomas S. Kuhn's work "The Structure of Scientific Revolutions", I was taken aback by the obvious parallels between the subject of that book and the field of biblical exegesis. It seemed strange then-- and more so now after all these years-- that no one had sought to draw out the implications of Kuhn's ideas for better understanding the conflicts that frequently arise over the interpretation of Scripture." --(from the preface) In this new volume of the Foundation of Contemporary Interpretation series, Vern Poythress gives an explanation of the conflicts that often arise between science and the interpretation of Scripture. Novices and experts alike will be fascinated by the author's clear and perceptive account of the relationship between science and hermeneutics. Pythress' analysis will help students of the Bible appreciate the origin and nature of interpretive disputes, aid students in developing exegetical skills, and allow students to examine opposing views.
Download or read book Deuteronomy and the Hermeneutics of Legal Innovation written by Bernard M. Levinson and published by Oxford University Press, USA. This book was released on 2002 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Positioned at the boundary of traditional biblical studies, legal history, and literary theory, Deuteronomy and the Hermeneutics of Legal Innovation shows how the legislation of Deuteronomy reflects the struggle of its authors to renew late seventh- century Judean society. Seeking to defend their revolutionary vision during the neo-Assyrian crisis, the reformers turned to earlier laws, even when they disagreed with them, and revised them in such a way as to lend authority to their new understanding of God's will. Passages that other scholars have long viewed as redundant, contradictory, or displaced actually reflect the attempt by Deuteronomy's authors to sanction their new religious aims before the legacy of the past. Drawing on ancient Near Eastern law and informed by the rich insights of classical and medieval Jewish commentary, Levinson provides an extended study of three key passages in the legal corpus: the unprecedented requirement for the centralization of worship, the law transforming the old Passover into a pilgrimage festival, and the unit replacing traditional village justice with a professionalized judiciary. He demonstrates the profound impact of centralization upon the structure and arrangement of the legal corpus, while providing a theoretical analysis of religious change and cultural renewal in ancient Israel. The book's conclusion shows how the techniques of authorship developed in Deuteronomy provided a model for later Israelite and post- biblical literature. Integrating the most recent European research on the redaction of Deuteronomy with current American and Israeli scholarship, Levinson argues that biblical interpretation must attend to both the diachronic and the synchronic dimensions of the text. His study, which provides a new perspective on intertextuality, the history of authorship, and techniques of legal innovation in the ancient world, will engage pentateuchal critics and historians of Israelite religion, while reaching out toward current issues in literary theory and Critical Legal Studies.
Download or read book Theological Hermeneutics and the Book of Numbers as Christian Scripture written by Richard S. Briggs and published by University of Notre Dame Pess. This book was released on 2018-06-25 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should Christian readers of scripture hold appropriate and constructive tensions between exegetical, critical, hermeneutical, and theological concerns? This book seeks to develop the current lively discussion of theological hermeneutics by taking an extended test case, the book of Numbers, and seeing what it means in practice to hold all these concerns together. In the process the book attempts to reconceive the genre of "commentary" by combining focused attention to the details of the text with particular engagement with theological and hermeneutical concerns arising in and through the interpretive work. The book focuses on the main narrative elements of Numbers 11–25, although other passages are included (Numbers 5, 6, 33). With its mix of genres and its challenging theological perspectives, Numbers offers a range of difficult cases for traditional Christian hermeneutics. Briggs argues that the Christian practice of reading scripture requires engagement with broad theological concerns, and brings into his discussion Frei, Auerbach, Barth, Ricoeur, Volf, and many other biblical scholars. The book highlights several key formational theological questions to which Numbers provides illuminating answers: What is the significance and nature of trust in God? How does holiness (mediated in Numbers through the priesthood) challenge and redefine our sense of what is right, or "fair"? To what extent is it helpful to conceptualize life with God as a journey through a wilderness, of whatever sort? Finally, short of whatever promised land we may be, what is the context and role of blessing?
Download or read book Legal and Political Hermeneutics Or Principles of Interpretation and Construction in Law and Politics written by Francis Lieber and published by Forgotten Books. This book was released on 2017-11-22 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Legal and Political Hermeneutics, or Principles of Interpretation and Construction in Law and Politics: With Remarks on Precedents and Authorities Adding some remarks, which appear to me of sufficient importance, to enlarge the chapter on precedents, and to add a new one on authorities. Ihave re-written the whole, as a superficial comparison will show, and here lay the result of my labors before the reader. May it do some good. Whether I have succeeded or not, I believe it will be granted on all hands, that the subject is a very important one, and that in coun tries, as the United States and England, in which civil liberty teaches the citizen to look for one of its great protections in the exact administration of the laws, and a careful avoidance of constant explanation not interpretation, Of the laws by the Public Power in countries, in which the law is allowed to make its own way, immutable principles and fixed rules for interpreting and construing them, should be generally acknowledged, or if they exist already, in a scattered state, should be gathered and clearly represented, so that they may establish themselves along with the laws, as part and branch of the common law Of free countries. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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.
Download or read book Spirit Hermeneutics written by Keener and published by Wm. B. Eerdmans Publishing. This book was released on 2016 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do we hear the Spirit's voice in Scripture? Once we have done responsible exegesis, how may we expect the Spirit to apply the text to our lives and communities? In Spirit Hermeneutics biblical scholar Craig Keener addresses these questions, carefully articulating how the experience of the Spirit that empowered the church on the day of Pentecost can -- and should -- dynamically shape our reading of Scripture today. Keener considers what Spirit-guided interpretation means, explores implications of an epistemology of Word and Spirit for biblical hermeneutics, and shows how Scripture itself models an experiential appropriation of its message. Bridging the Word-Spirit gap between academic and experiential Christian approaches, Spirit Hermeneutics narrates a way of reading the Bible that is faithful both to the Spirit-inspired biblical text and the experience of the Spirit among believers. -- from book flap.
