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Author: Pierluigi Chiassoni
Publisher: Springer
ISBN: 3030155900
Category : Law
Languages : en
Pages : 284
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Book Description
This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.
Author: Pierluigi Chiassoni
Publisher: Springer
ISBN: 3030155900
Category : Law
Languages : en
Pages : 284
Get Book Here
Book Description
This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.
Author: Stefan Lorenz Sorgner
Publisher: Herbert Utz Verlag
ISBN: 9783896755896
Category : Metaphysics
Languages : en
Pages : 168
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Book Description
Author: John D. Caputo
Publisher: Indiana University Press
ISBN: 0253114349
Category : Philosophy
Languages : en
Pages : 332
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Book Description
Radical Hermeneutics forges a closer collaboration between hermeneutics and deconstruction than has previously been attempted. For John D. Caputo, hermeneutics means radical thinking without transcendental justification: attending to the ruptures and irregularities in existence before the metaphysics of presence has a chance to smooth them over. Part One shows how Kierkegaardian repetition and Husserlian constitution are fused in Heidegger's classic of hermeneutic statement, Being and Time. Part Two takes up the radicalization of Husserl's and Heidegger's questioning carried out by Derrida. Here, Caputo urges a more radical reading of Heidegger as well as a more hermeneutic reading of Derrida. Part Three argues that radical thinking is not an exercise in nihilism, as its critics charge, but a renewed vigilance about the gaps and differences inherent in our experience. Caputo projects the possibility of a postmetaphysical conception of rationality, an ethics of dissemination, and a notion of faith liberated from the onto-theo-logic. Radical Hermeneutics addresses the most trenchant issues in recent Continental thought.
Author: Alan Schrift
Publisher: Routledge
ISBN: 1317857232
Category : Philosophy
Languages : en
Pages : 272
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Book Description
The first attempt at assessing the references to interpretation theory in the Nietzschean text.
Author: Jeffrey C. King
Publisher:
ISBN: 0199693765
Category : Language Arts & Disciplines
Languages : en
Pages : 274
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Book Description
Philosophy, science, and common sense all refer to propositions—things we believe and say, and things which are true or false. But there is no consensus on what sorts of things these entities are. Jeffrey C. King, Scott Soames, and Jeff Speaks argue that commitment to propositions is indispensable, and each defend their own views on the debate.
Author: Hans Lenk
Publisher: World Scientific
ISBN: 9814488402
Category : Science
Languages : en
Pages : 282
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Book Description
Grasping Reality addresses the methodology of a sophisticated realistic approach to scientific as well as everyday recognition by using schemes and interpretative constructs to analyze theories and the practice of recognition from a hypothesis-realistic vantage point.The three main theses are: (1) Any “grasping” of real objects, processes, entities etc. is deeply dependent on scheme interpretations and interpretative constructs — in short, on using schemes and constructs; the same applies to any sophisticated actions encroaching on reality; (2) a sophisticated interpretation-dependent realism is sketched out and defended from a methodological, non-foundational, epistemological point of view called pragmatic realism; (3) the most provocative thesis is generalized from the role of the well-known preparationist interpretation of quantum theory to everyday knowledge — the interpretative structuring and preparing of the experimental make-up as known in quantum mechanics is not just a special case but the rather general case of gaining any knowledge in science and everyday recognition.An appendix provides an overview regarding a realistic and pragmatic philosophy of technology, including the so-called new information technologies.
Author: Christiana M. M. Olfert
Publisher: Oxford University Press
ISBN: 0190281006
Category : Philosophy
Languages : en
Pages : 289
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Book Description
In Aristotle on Practical Truth, C.M.M. Olfert gives the first book-length treatment of Aristotle's notion of practical truth. The book covers the origins of practical truth in Plato's philosophy; practical truth's role in practical reasoning; its contributions to motivation and action; and its implications for ethical development.
Author: Richard Gaskin
Publisher: Oxford University Press
ISBN: 0199657904
Category : Literary Criticism
Languages : en
Pages : 395
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Book Description
Richard Gaskin offers an original defence of literary humanism, according to which works of imaginative literature have an objective meaning which is fixed at the time of production and not subject to individual readers' responses. He shows that the appreciation of literature is a cognitive activity fully on a par with scientific investigation.
Author: Staffan Carlshamre
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773525289
Category : Literary Criticism
Languages : en
Pages : 194
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Book Description
An anthology that reveals that interpretation of literature and the arts is done from different perspectives and often with different objectives so that attempts to provide unified analyses of the logic of such interpretation will always be unsuccessful.
Author: Donald Davidson
Publisher: Clarendon Press
ISBN: 0191529834
Category : Philosophy
Languages : en
Pages : 321
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Book Description
Donald Davidson presents a new edition of the 1984 volume which set out his enormously influential philosophy of language. Inquiries into Truth and Interpretation has been a central point of reference and a focus of controversy in the subject ever since, and its influence has extended into linguistic theory, philosophy of mind, and epistemology. This new edition features an additional essay, previously uncollected. The central question which these essays address is what it is for words to mean what they do. Davidson argues that a philosophically instructive theory of meaning should acknowledge the holistic nature of linguistic understanding, in that it should provide an interpretation of all utterances, actual and potential, of a speaker or group of speakers; and that it should not rely upon the concepts it attempts to explain, in that it should be verifiable independently of knowledge of the detailed propositional attitudes of the speaker. Among the topics covered in the essays are the relation between theories of truth and theories of meaning, translation, quotation, belief, radical interpretation, reference, metaphor, and communication.
