Search results for: law-hermeneutics-and-rhetoric

Law Hermeneutics and Rhetoric

Author : Francis J. Mootz Iii
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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.

Law Hermeneutics and Rhetoric

Author : Professor Francis J Mootz III
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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.

Law Hermeneutics and Rhetoric

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This collection of Mootz's classic essays argues that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. Whereas contemporary legal theory is fragmented, this 'return' to hermeneutics and rhetoric as touchstones for law embraces dynamic traditions and provides the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization.

Rhetorical Knowledge in Legal Practice and Critical Legal Theory

Author : Francis J. Mootz
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A clear summary of contemporary rhetorical philosophy and its intersections with hermeneutics and critical theory. This book describes the significance of rhetorical knowledge for law through detailed discussions of some of the most difficult legal issues facing courts today, including affirmative action, gay rights, and assisted suicide. Francis J. Mootz responds to both extremes, those who argue that law is merely a rhetorical mask for the exercise of power and those who demonstrate an ideological faith in law’s autonomy, and he breaks new ground by returning to modern classics in the fields of rhetoric and hermeneutics. Drawing from Chaim Perelman's "new rhetoric" and Hans-Georg Gadamer's "philosophical hermeneutics," Mootz argues that justice is a product of rhetorical knowledge. Drawing from Nietzsche, Mootz’s conception of rhetorical knowledge opens up the dynamic possibilities of critical legal theory.

Rhetoric and Hermeneutics in Our Time

Author : Walter Jost
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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.

Gadamer and Ricoeur

Author : Francis J. Mootz III
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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.

On Philosophy in American Law

Author : Francis J. Mootz
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This collection of original essays by 38 leading legal theorists marks the 75th anniversary of Karl Llewellyn's essay "On Philosophy in American Law." Llewellyn's succinct and audacious review of the history of American legal philosophy and the prospects for an emerging "legal realism" provides the model for this collection. The diverse and wide-ranging essays describe in direct terms the state of legal philosophy today, often in a manner that provides an accessible summary of the authors' previous work.

Hermeneutics and the Rhetorical Tradition

Author : Kathy Eden
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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.

Jesus Rhetoric and Law

Author : Ian H. Henderson
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This book uses Greco-Roman theories and practice of gnomic speech to elaborate a rhetorical-critical model of the interaction of memory, performance and composition in the public discourse of Jesus and of both his oral and gospel-writing interpreters.

Encyclopedia of Rhetoric and Composition

Author : Theresa Enos
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First Published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.

Legal Hermeneutics

Author : Gregory Leyh
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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.

Hermeneutics Rhetoric and Paternalism in Abortion Law

Author : Jessica L. White
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Abstract: On June 30, 2014, the Supreme Court of the United States decided in favor of Hobby Lobby, Inc. in the landmark decision of Burwell v. Hobby Lobby, Inc. This decision established a significant new legal principle, substantially changing the interpretation of the Affordable Care Act, the Religious Freedom Restoration Act, and for-profit business rights. This thesis uses hermeneutic rhetorical theory to study the majority and dissenting opinions of the Hobby Lobby, Inc. decision to explicate the inherent paternalistic function within the rhetorical arguments of protection, corporate personhood, choice, sincerity, and the burden versus entitlement binary. Beyond the Hobby Lobby, Inc. decision, I argue that paternalism lies at the heart of many of the differences in feminist hermeneutics on abortion. This thesis promotes a more tolerant and respectful examination of the abortion debate with the higher goal of reaching a greater understanding of our social condition.

Rhetoric s Pragmatism

Author : Steven Mailloux
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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.

Arguing over Texts

Author : Martin Camper
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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.

The Hermeneutics of Original Argument

Author : P. Christopher Smith
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What, precisely, does the word hermeneutics mean? And in what sense can one speak of the hermeneutics of original argument? The author explores these questions in order to build upon Heidegger's hermeneutical thought.

Legal Hermeneutics

Author : Gregory Leyh
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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.

Rhetoric Modality Modernity

Author : Nancy S. Struever
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Since antiquity, philosophy and rhetoric have traditionally been cast as rivals, with the former often lauded as a search for logical truth and the latter usually disparaged as empty speech. But in this erudite intellectual history, Nancy S. Struever stakes out a claim for rhetoric as the more productive form of inquiry. Struever views rhetoric through the lens of modality, arguing that rhetoric’s guiding interest in what is possible—as opposed to philosophy’s concern with what is necessary—makes it an ideal tool for understanding politics. Innovative readings of Hobbes and Vico allow her to reexamine rhetoric’s role in the history of modernity and to make fascinating connections between thinkers from the classical, early modern, and modern periods. From there she turns to Walter Benjamin, reclaiming him as an exemplar of modernist rhetoric and a central figure in the long history of the form. Persuasive and perceptive, Rhetoric, Modality, Modernity is a novel rewriting of the history of rhetoric and a heady examination of the motives, issues, and flaws of contemporary inquiry.

Gadamer and Law

Author : FrancisJ.Mootz Iii
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Hans-Georg Gadamers 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 Gadamers 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 Gadamers hermeneutical philosophy. Part I considers the relevance of Gadamers 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 Gadamers significance for legal theory by comparing his approach to the work of Nietzsche, Habermas and Dworkin.

Law and Language

Author : Thomas Morawetz
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The essays in this volume reflect several important and widely-discussed issues in legal theory. One set of issues may be characterized as legal hermeneutics, a consideration of the practices governing the retrieval and determination of meaning from legal texts and in legal contexts. Related issues arise from the use of literature and literary criticism to enhance an understanding of law and from the study of legal rhetoric.

Rhetoric and Hermeneutics

Author : Carol A. Newsom
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This collection of essays by Carol A. Newsom explores the indispensable role that rhetoric and hermeneutics play in the production and reception of biblical and Second Temple literature. Some of the essays are methodological and programmatic, while others provide extended case studies. Because rhetoric is, as Kenneth Burke put it, "a strategy for encompassing a situation," the analysis of rhetoric illumines the ways in which texts engage particular historical moments, shape and reshape communities, and even construct new models of self and agency. The essays in this book not only explore how ancient texts hermeneutically engage existing traditions but also how they themselves have become the objects of hermeneutical transformation in contexts ranging from ancient sectarian Judaism to the politics of post-World War I and II Germany and America to modern film criticism and feminist re-reading.