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Law Hermeneutics And Rhetoric

Author: Francis J. Mootz Iii
Publisher: Routledge
ISBN: 1317107500
Size: 30.20 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: 55.67 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.

Rhetorical Investigations

Author: Walter Jost
Publisher: University of Virginia Press
ISBN: 9780813922492
Size: 57.71 MB
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By elaborating an "ordinary language criticism" stabilized in grammatical and rhetorical possibilities of language rather than in empirical actualities, Jost shows how literary critics at all levels, from the undergraduate to the sophisticated theorist, "pose" as they read, trying out "performances" of the words as claims to self-knowledge as well as cultural critique." "In the second half of the book, Jost examines the "low modernist" poetry of Robert Frost, finding in Frost's work a "scene of instruction" through which underappreciated resources for criticism can be recovered in the traditions of rhetoric, hermeneutics, pragmatism, and ordinary language philosophy."--Jacket.

Interpreting Law And Literature

Author: Sanford Levinson
Publisher: Northwestern University Press
ISBN: 9780810107939
Size: 39.61 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."

Interpretation In International Law

Author: Andrea Bianchi
Publisher: OUP Oxford
ISBN: 0191038709
Size: 33.70 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.

Rhetoric S Pragmatism

Author: Steven Mailloux
Publisher: Penn State Press
ISBN: 0271079991
Size: 31.83 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 Interpretation And Reality

Author: P.J. Nerhot
Publisher: Springer Science & Business Media
ISBN: 9401578753
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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.

Gadamer S Repercussions

Author: Bruce Krajewski
Publisher: Univ of California Press
ISBN: 9780520231863
Size: 52.76 MB
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"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