The ontological basis of legal hermeneutics: A proposed model of inquiry based on the work of Gadamer, Habermas and Ricoeur
| Abstract | This paper provides a detailed account of Gadamer's philosophical hermeneutics and its relationship to contemporary problems in legal theory. I first demonstrate that Gadamer's approach charts a course between the inflated claims of critical legal studies and the subjectivism of the law and literature movement. I then interrogate the hermeneutical approach from the perspective of Habermas's critical theory. I conclude that Ricoeur's intervention in the Gadamer-Habermas debate helps significantly to draw out the critical elements of Gadamer's work. I conclude by developing new model of legal practice and theory grounded in the textuality of law. | |||||||||
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Similar books and articlesAltaf Hossain (2007). Gadamer's Hermeneutics. The Proceedings of the Twenty-First World Congress of Philosophy 11:69-78.
Austin Harrington (2000). Objectivism in Hermeneutics? Gadamer, Habermas, Dilthey. Philosophy of the Social Sciences 30 (4):491-507.
Francisco J. Gonzalez (2006). Dialectic and Dialogue in the Hermeneutics of Paul Ricœur and H.G. Gadamer. Continental Philosophy Review 39 (3):313-345.
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