How to Be Critical
20 Pages Posted: 19 Feb 2015
Date Written: October 01, 2000
Abstract
This work is a contribution to a symposium: Philosophical Hermeneutics and Critical Legal Theory. The central question for this essay is the following: Given the nature of critical activity and theory, how can one be critical? My thesis is that Hans-Georg Gadamer's philosophical hermeneutics, when combined with Jurgen Habermas's communicative (or discourse) theory or Jacques Derrida's deconstruction, can guide us toward critical activity. The article summarizes philosophical hermeneutics and examines the relationship between Gadamer's hermeneutics and critical legal activity. Philosophical hermeneutics explains, on the one hand, how we can come to understand critical concepts and, on the other hand, how being critical can be a difficult task. It then explores first, how Habermas's discourse theory and second, how Derrida's deconstruction can supplement philosophical hermeneutics to help engender critical activity.
Keywords: philosophical hermeneutics, critical legal theory, Hans-Georg Gadamer, Jurgen Habermas, Jacques Derrida
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