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Vol 21 No 11 Nov/Dec 2016

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Criminal Injuries Compensation Claims

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Law's Hermeneutics: Other Investigations

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Edited by: Simone Glanert, Fabien Girard

ISBN13: 9781138123724
To be Published: March 2017
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £80.00



Bringing together an international range of contributors, this collection revisits legal hermeneutics, by making particular reference to philosophy, sociology and linguistics, and asking how law can benefit from the hermeneutical insights developed by a wide range of non-legal thinkers.

With reference to a range of continental theorists – including Martin Heidegger, Hans-Georg Gadamer, Jacques Derrida, Paul Ricoeur, Giorgio Agamben, Jürgen Habermas, and Niklas Luhmann – the volume pursues an appreciation of the merits and limits of law’s hermeneutics as an enquiry into the emergence of meaning, within the dynamic between the reader and the text. In this respect, albeit from different perspectives, and with different orientations, these papers explore the matter of reading the law beyond, it is argued throughout, the reduction of hermeneutics to a simple tool for textual exegesis.

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Subjects:
Jurisprudence
Contents:
On Gadamer’s Interest for Legal Hermeneutics, Jean Grondin
Estranging Hermes Or, Heidegger ‘After’ and Nearer Plato, Oren Ben-Dor
The Interpretation of Foreign Law: How Germane Is Gadamer, Simone Glanert Derrida’s Gadamers, Pierre Legrand
Ricoeur’s Legal Hermeneutics: Between Critique and Argumentation, Fabien Girard Law as Interpretation: Is Dworkin’s Chain Novel Really a Metaphor of Judicial Interpretation? Julie Allard
Interpretation and Narration: Locating Narrative in Legal Interpretation, François Ost
Wittgenstein on Rule-Following and Interpretation, Julia Tanney
Law’s Disappearance: The State of Exception and the Destruction of Experience, Cosmin Sebastian Cercel
Say Again? Law’s Hermeneutic Closure, Andreas Philippopoulos-Mihalopoulos
Habermas, Law and the EU, William Outhwaite
The Hermeneutic Character of Legal Construction, Ralf Poscher