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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

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Right and Prejudice

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Jarkko TonttiUniversity of Helsinki, Finland

ISBN13: 9780754623977
ISBN: 0754623971
Published: July 2004
Publisher: Routledge
Format: Hardback
Price: Out of print

Most current works in the field of legal interpretation approach problems from the point of view of analytical philosophy. In this book, however, Jarkko Tontti adopts the somewhat neglected viewpoint of continental hermeneutical philosophy, as developed by thinkers such as Gadamer, Ricoeur, Vattimo and Heidegger. This involves bringing the problems of legal interpretation to the centre of philosophical discussion and dealing with issues involving the relevance of law to other disciplines. The book then examines law as a tradition of conflicting interpretations, emphasizing temporality as a central dimension of the existence of law. In conclusion, current problems of epistemology and methodology of law are discussed, using the framework developed in the earlier sections of the book.

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Introduction. Hermeneutical Philosophy as Dialectics without a Synthesis: Early methodological and epistemological aspirations; The turn to being; Nihilistic vocations; Dialectics of explanation and understanding; Narrative structures of texts and identities; Dialectics of tradition and critique. Ontology - Being and Law: Being and law - yearn for the first philosophy of law; Time and law - dialects of past, present, and future; Conflicts of interpretations; The future justice of law - Communitas fraternitatis. Epistemology and Methodology - Knowing and Doing Law: From ought to ought; Playing the law - from faith to suspicion; Saying the law - right and prejudice; Index; Bibliography.