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Law Hermeneutics And Rhetoric

Author: Francis J. Mootz Iii
Publisher: Routledge
ISBN: 1317107500
Size: 48.41 MB
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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.

Climate Justice

Author: T. Thorp
Publisher: Springer
ISBN: 1137394641
Size: 50.28 MB
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In this ground-breaking work, Teresa Thorp tackles the causes and effects of climate injustice by methodically mapping out an approach by which to reach a negotiatedconsensus with legal force to protect present and future generations. Using the law and policy of climate change as a vehicle for illustrating how to shape our future,she comprehensively overturns the widely held contemporary view of climate justice as inconstant charitable acts, relative systemic notions and static concepts isolatedfrom the common good and a congruent rule of law. Responding to the adverse impacts of climate change (heat waves, extended drought, severe flooding anddesertification), which represent an urgent and potentially irreversible threat to human societies and the planet, requires a new and cohesive way of thinking aboutglobal policy and the law. The mission of guaranteeing and realising human dignity, human security and human rights is multi-fold. Looking through the lens of kaleidoscopic normativity, anextensible language anchored in common juridical elements should facilitate how norms enter the socio-legal frame and interact within it. Users need to be able todisplay and interpret the congruent legal norm in order to obey and apply it. Galvanising this process by constitutionalising first principles and consequential normsis vital for attaining fraternity between nations and among all people. divClimate Justice – A Voice for the Future is an essential read for scholars, practitioners and all those genuinely interested in reaching consensus on a post-2015 global climate accord, a unified development agenda and a cohesive pact for disaster-risk reduction.

Interpreting Law And Literature

Author: Sanford Levinson
Publisher: Northwestern University Press
ISBN: 9780810107939
Size: 31.74 MB
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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."

Rhetoric S Pragmatism

Author: Steven Mailloux
Publisher: Penn State Press
ISBN: 0271079991
Size: 58.23 MB
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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.

Law Mystery And The Humanities

Author: Logan Atkinson
Publisher: University of Toronto Press
ISBN: 080209001X
Size: 24.16 MB
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The trans-disciplinary study of law and the humanities is becoming a more widespread focus among scholars from a range of disciplines. Complementary in several major ways, concepts and theories of law can be used to formulate fresh ideas about the humanities, and vice versa. Law, Mystery, and the Humanities, a collection of essays by leading scholars, is based on the hypothesis that law has significant contributions to make to ongoing discussions of philosophical issues recurrent in the humanities. The philosophical issues in question include the role of rationality in human experience, the problem of dissent, the persistence of suffering, and the possibility of transcendence. In each of these areas, law is used to add complexity and offer divergent perspectives, thus moving important questions in the humanities forward by introducing the possibility of alternative analysis. Ranging from discussions of detective fiction, Chomsky's universal grammar, the poetry of Margaret Atwood, the Great Plague of London, and more, Law, Mystery, and the Humanities offers a unique examination of trans-disciplinary potential.

Interpretation In International Law

Author: Andrea Bianchi
Publisher: OUP Oxford
ISBN: 0191038709
Size: 29.32 MB
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International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

Heracles Bow

Author: James Boyd White
Publisher: Univ of Wisconsin Press
ISBN: 9780299104146
Size: 73.49 MB
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The law has traditionally been regarded as a set of rules and institutions. In this thoughtful series of essays, James Boyd White urges a fresh view of the law as an essentially literary, rhetorical, and ethical activity. Defining and elaborating his conception, he artfully bridges the fields of jurisprudence, literature, philosophy, history, and political science. The result, a new approach that may change the way we perceive the legal process, will engage not only lawyers and law students but anyone interested in the relationship between ethics, persuasion, and community. White's essays, though bound by a common perspective, are thematically varied. Each of these pieces makes eloquent and insightful reading. Taken as a whole, they establish, by triangulation, a position from which they all proceed: a view of poetry, law, and rhetoric as essentially synonymous. Only when we perceive the links between these processes, White stresses, can we begin to unite the concerns of truth, beauty, and justice in a single field of action and expression.

Commercial Contracting Sales Leases And Computer Information

Author: Francis J Mootz III
Publisher: LexisNexis
ISBN: 0327174315
Size: 21.92 MB
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This innovative book includes cases, problems, note materials and questions, as well as excerpts from law review articles and other secondary sources that explain the fit among the contemporary sources of Commercial Contracting Law. While the authors emphasize Uniform Commercial Code Articles 1 (as revised) and 2 (as enacted), but there are liberal references to Article 2A, UCITA, UETA, E-Sign, and the CISG to provide a sophisticated yet accessible presentation of the legal rules and principles that govern contemporary sales, leasing, and computer information transactions. Contemporary commercial contracting presents considerable pedagogical challenges. The authors provide a text that clearly explains the basic commercial context for the rule in question, and then provide materials that enable students to delve into more complex issues. Commercial Contracting: Sales, Leases, and Computer Information includes the cases that have continued to define commercial law for years as well as the most recent decisions that have changed the way we think about commercial contracting. The cases are complemented by extensive problems, permitting the instructor to emphasize either the case or problem approach. The authors have also integrated text and excerpts from treatises and law review articles that both put the issues in transactional context and test the limits of commercial codification.

Gadamer And Ricoeur

Author: Francis J. Mootz III
Publisher: A&C Black
ISBN: 1441165797
Size: 64.67 MB
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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.