Law, Writing, Meaning: An Essay in Legal Hermeneutics

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Overview

Analogical reasoning provides the starting point for Nerhot's analysis of the nature of legal interpretation. In the first part of the book, which concentrates on the modern European tradition, he develops a hermeneutical stance on questions of reality, truth and rationality - especially in relation to the focal status of the text as posed in legal science - and more widely in the work of key political theorists such as Bobbio. Part II pursues these themes through an 'archaeology' of the modern. Linking the development of legal knowledge to Christian concepts of time, and posing the role of philology as the 'political science' of pre-modernity, it ultimately disrupts some of the current conventions about the status of modernity by showing the active influence of legal knowledge in forming a pre-modern Western rationalist tradition.
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Editorial Reviews

Booknews
Nerhot (legal philosophy and theory, U. of Ferrara, Italy) analyzes the nature of legal interpretation. For the modern European tradition, he develops a hermeneutical stance, noting the focal status of the text and key political theories. He then traces the tradition's development in the context of Christian concepts of time, and philology as pre-modern political science. First published in Italian in 1992. Distributed in the US by Columbia U. Press. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

Table of Contents

1 Introduction 1
2 Logical formalism and analogical inference 7
3 Legal dogmatics and the question of analogical inference 17
4 The meaning of a written provision and the question of historicism 24
5 The question of reality and truth in historical and legal sciences 30
6 Rule, meaning, strategy: legal rationality as a coherence of narrative type 35
7 Elements of historicist hermeneutics 44
8 'History' and 'origin' 53
9 Premodernity and rationality in the Christian West 60
10 The concept of history: fragments 1 68
11 The concept of history: fragments 2 78
12 Christian time 1 88
13 Allegory: Christian time 2 91
14 Theology, humanism, language 102
15 Direct testimony and the observation of nature 110
16 Direct observation and testimony of nature 121
17 Sign, sense, proof 130
18 Conclusion 141
Notes to Part I 155
Notes to Part II 167
Notes to Conclusion 191
Index 194
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