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, 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.
First published 2007 by Ashgate Publishing.
Bibliography, etc. Note
Includes bibliographical references.
Formatted Contents Note
part Part I Philosophical Hermeneutics and Legal Theory chapter Gadamer on the Exemplary Significance of Law for Hermeneutical Philosophy chapter Philosophical Hermeneutics and Jurisprudence chapter Modes of Legal Interpretation: Statutory and Constitutional part Part II Gadamer in Conversation with other Leading Hermeneutic Philosophers on Law and Legal Theory chapter Gadamer and the Continental Tradition chapter Gadamer and Nietzsche chapter Gadamer and Habermas chapter Gadamer and Dworkin.