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