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Author: Pierluigi Chiassoni Publisher: Springer ISBN: 3030155900 Category : Law Languages : en Pages : 279
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 : 279
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: Silvia Benso Publisher: SUNY Press ISBN: 1438447493 Category : Philosophy Languages : en Pages : 253
Book Description
A resolute defense of philosophy and hermeneutics against the threats of dogmatism and relativism. Luigi Pareyson (19181991) was one of the most important Italian philosophers to emerge after World War II and stands shoulder to shoulder with fellow hermeneutic thinkers Hans-Georg Gadamer and Paul Ricoeur. The product of a well-developed theory of interpretation that stretches back to the late 1940s, his 1971 masterpiece Truth and Interpretation provides the historical impetus and theoretical framework for the questions of existence, art, and politics that would motivate his most famous students, Umberto Eco and Gianni Vattimo. In a time when the meaning of truth as an interpretation is challenged by the chaotic din of media on the one side and the violent force of absolute claims from science, religion, and political economy on the other, Pareysons meditation on the value of thinking that is shaped by the traditions of philosophy and yet responds to contemporary demands remains timely and pressing more than forty years after its initial publication.
Author: Donald Davidson Publisher: Harvard University Press ISBN: 9780674030220 Category : Mathematics Languages : en Pages : 200
Book Description
This brief book takes readers to the very heart of what it is that philosophy can do well. Completed shortly before Donald Davidson's death at 85, Truth and Predication brings full circle a journey moving from the insights of Plato and Aristotle to the problems of contemporary philosophy. In particular, Davidson, countering many of his contemporaries, argues that the concept of truth is not ambiguous, and that we need an effective theory of truth in order to live well. Davidson begins by harking back to an early interest in the classics, and an even earlier engagement with the workings of grammar; in the pleasures of diagramming sentences in grade school, he locates his first glimpse into the mechanics of how we conduct the most important activities in our life--such as declaring love, asking directions, issuing orders, and telling stories. Davidson connects these essential questions with the most basic and yet hard to understand mysteries of language use--how we connect noun to verb. This is a problem that Plato and Aristotle wrestled with, and Davidson draws on their thinking to show how an understanding of linguistic behavior is critical to the formulating of a workable concept of truth. Anchored in classical philosophy, Truth and Predication nonetheless makes telling use of the work of a great number of modern philosophers from Tarski and Dewey to Quine and Rorty. Representing the very best of Western thought, it reopens the most difficult and pressing of ancient philosophical problems, and reveals them to be very much of our day.
Author: Anna Pintore Publisher: Global Academic Publishing ISBN: Category : Law Languages : en Pages : 296
Book Description
This work analyzes the range of philosophical theories of truth, as applied to legal norms, paying particular attention to the distinction between ontological and criteriological definitions. The author reviews correspondence, coherence, consensus and procedural theories, and explores their role in major contemporary accounts of legal argument, particularly those of Habermas, Alexy, Aarnio, Peczenik and Dworkin.
Author: Staffan Carlshamre Publisher: McGill-Queen's Press - MQUP ISBN: 0773525289 Category : Literary Criticism Languages : en Pages : 194
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: Elyn R. Saks Publisher: Yale University Press ISBN: 9780300147261 Category : Psychology Languages : en Pages : 284
Book Description
Psychoanalytic interpretation, according to the hermeneutic view, is concerned with meaning rather than facts or causes. In this provocative book, Elyn R. Saks focuses closely on what hermeneutic psychoanalysis is and how the approaches of hermeneutic psychoanalysts differ. She finds that although these psychoanalysts use the same words, concepts, images, and analogies, they hold to at least five different positions on the truth of psychoanalytic interpretations. Saks locates within these five models the thought of such prominent analysts as Roy Schafer, Donald Spence, and George Klein. Then, approaching each model from the patient’s point of view, the author reaches important conclusions about treatments that patients not only will-but should-reject.If patients understood the true nature of the various models of hermeneutic psychoanalysis, Saks argues, they would spurn the story model, which asks patients to believe interpretations that do not purport to be true; that is, the psychoanalyst simply tells stories that give meaning to patients’ lives, the truth of which is not considered relevant. And patients would question the metaphor and the interpretations-as-literary-criticism models, which propose views of psychoanalysis that may be unsatisfying. In addition to discussing which hermeneutic models of treatment are plausible, Saks discusses the nature of metaphorical truth. She arrives at some penetrating insights into the theory of psychoanalysis itself.
Author: David Duarte Publisher: Springer Nature ISBN: 3030186717 Category : Law Languages : en Pages : 251
Book Description
This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
Author: Pierluigi Chiassoni
Author: Pierluigi Chiassoni
Author: H. C. McCaghren
Author: Silvia Benso
Author: Stefano Predelli
Author: Donald Davidson
Author: Anna Pintore
Author: Staffan Carlshamre
Author: Alan Schrift
Author: Elyn R. Saks
Author: David Duarte