Gadamer and Law

Philosophers and Law, 2007

Posted: 30 Apr 2007

See all articles by Francis Joseph Mootz III

Francis Joseph Mootz III

University of the Pacific - McGeorge School of Law

Abstract

Hans-Georg Gadamer's 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 of essays, leading scholars consider the importance of Gadamer's 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 Gadamer's hermeneutical philosophy. Part I considers the relevance of Gadamer's 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 Gadamer's significance for legal theory by comparing his approach to the work of Nietzsche, Habermas and Dworkin. The essays included in the volume are:

Francis J. Mootz III, "Introduction."

PART ONE: PHILOSOPHICAL HERMENEUTICS AND LEGAL THEORY

Hans-Georg Gadamer, "The Recovery of the Fundamental Hermeneutic Problem" Fred Dallmayr, "Hermeneutics and the Rule of Law" Stephen M. Feldman, "The Politics of Postmodern Jurisprudence" Dennis Patterson, "Authorial Intent and Hermeneutics" Lawrence B. Solum, "Originalism as Transformative Politics" Georgia Warnke, "Law, Hermeneutics and Public Debate" William Eskridge, "Gadamer/Statutory Interpretation" Alexander Reilly, "Reading the Race Power: A Hermeneutic Analysis" John T. Valauri, "Interpretation, Critique, and Adjudication: The Search for Constitutional Hermeneutics"

PART TWO: GADAMER IN CONVERSATION WITH OTHER LEADING HERMENEUTIC PHILOSOPHERS OF LAW AND LEGAL THEORY George Wright, "On a General Theory of Interpretation: The Betti-Gadamer Dispute in Legal Hermeneutics" P. Christopher Smith, "From Strife to Understanding: Pathological Argument in Nietzsche and Gadamer" Francis J. Mootz III, "Responding to Nietzsche: The Constructive Power of Destruction" Mark Burton, "Gadamer and Habermas: Determinacy, Indeterminacy and Rhetoric in a Pluralist World" R. George Wright, "Traces of Violence: Gadamer, Habermas, and the Hate Speech Problem" Kenneth Henley, "Protestant Hermeneutics and the Rule of Law: Gadamer and Dworkin" David Couzens Hoy, "Legal Hermeneutics: Recent Debates" Gregory Leyh, "Dworkin's Hermeneutics"

Keywords: Hans-Georg Gadamer, Hermeneutics, Law, Legal Theory, Statutory Interpretation, Constitutional Interpretation, Friedrich Nietzsche, Jurgen Habermas, Ronald Dworkin

Suggested Citation

Mootz, Francis Joseph, Gadamer and Law. Philosophers and Law, 2007, Available at SSRN: https://ssrn.com/abstract=983354

Francis Joseph Mootz (Contact Author)

University of the Pacific - McGeorge School of Law ( email )

3200 Fifth Avenue
Sacramento, CA 95817
United States

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