Legal Hermeneutics


Book Description

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.










The Cambridge Companion to Hermeneutics


Book Description

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




Law, Hermeneutics and Rhetoric


Book Description

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.







Hermeneutics as Critique


Book Description

Hermeneutics has frequently been dismissed as useful only for literary and textual analysis. Some consider it to be Eurocentric or inherently relativistic and thus unsuited to social critique. Lorenzo C. Simpson offers a persuasive and powerful argument that hermeneutics is a valuable tool not only for critical theory but also for robustly addressing many of the urgent issues of today. Simpson demonstrates that hermeneutics exhibits significant interpretive advantages compared to competing explanatory modalities. While it shares with pragmatism a suspicion of essentialism, an understanding that disagreements are situated, and an insistence on the dialogical nature of understanding, it nevertheless resolutely rejects the relativistic accounts of rationality that are often associated with pragmatism. In the tradition of Gadamer, Simpson firmly establishes hermeneutics as a resource for both philosophy and the social sciences. He shows its utility for unpacking intractable issues in the philosophy of science, multiculturalism, social epistemology, and racial and social justice in the global arena. Simpson addresses fraught questions such as why recent claims that “race” has a biological basis lack grounding, whether female genital excision can be critically addressed without invidious ethnocentrism, and how to lay the foundations for meaningful cross-cultural dialogue and reparative justice. This book reveals how hermeneutics can be a worthy partner with critical theory in achieving emancipatory aims.