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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: 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: A. Biletzki
Publisher: Springer Science & Business Media
ISBN: 940070822X
Category : Philosophy
Languages : en
Pages : 276
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Book Description
This book tells the story of Wittgenstein interpretation during the past eighty years. It provides different interpretations, chronologies, developments, and controversies. It aims to discover the motives and motivations behind the philosophical community's project of interpreting Wittgenstein. It will prove valuable to philosophers, scholars, interpreters, students, and specialists, in both analytic and continental philosophy.
Author: Maria Cristina Amoretti
Publisher: Walter de Gruyter
ISBN: 3110322528
Category : Philosophy
Languages : en
Pages : 227
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Book Description
Thanks to their heterogeneity, the nine essays in this volume offer a clear testimony of Donald Davidson's authority, and they undoubtedly show how much his work - even if it has raised many doubts and criticisms - has been, and still is, highly influential and significant in contemporary analytical philosophy for a wide range of subjects. Moreover, the various articles not only critically and carefully analyze Davidson's theses and arguments (in particular those concerning language and knowledge), but they also illustrate how such theories and ideas, despite their unavoidable difficulties, are still alive and potentially fruitful. Davidon's work is indeed an important and provocative starting point for discussing the future progress of philosophy.
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.
Author: Paul Rekret
Publisher: Rowman & Littlefield
ISBN: 1786603454
Category : Philosophy
Languages : en
Pages : 190
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Book Description
Derrida and Foucault offers a major contribution to the interpretation of these two highly influential thinkers. By tracing the moments where Derrida and Foucault’s arguments converge but also where they deviate, this book fundamentally recasts our understanding not only of these two philosophers, but of the political more broadly. Organised thematically around questions of epistemology, ethics, and politics, this is the only work to bring Derrida and Foucault’s whole oeuvres into dialogue with one another. This book frames a dialogue not only between their works of the 1960s and 1970s but also their works that deal with political questions around liberalism, capitalism and democracy. This book offers the first substantial critical assessment of Derrida and Foucault’s political work and also situates these crucial thinkers in contemporary debates in political theory.
