Legal Hermeneutics: History, Theory, and Practice - Hardcover

Hardcover

ISBN 10: 0520368991 ISBN 13: 9780520368996

Publisher: University of California Press, 2021

Synopsis

Legal Hermeneutics: History, Theory, and Practice presents a groundbreaking collection of essays that explore the rich interplay between legal interpretation and the broader field of hermeneutics. Through contributions from leading scholars, this volume addresses the complex ways legal texts are read, understood, and applied, positioning legal hermeneutics within the larger humanist tradition. By framing law as an interpretive practice deeply embedded in linguistic, historical, and political contexts, the book challenges traditional views of law as a purely rule-governed system, advocating instead for a more nuanced understanding rooted in philosophical inquiry.

Prominently featuring the philosophical hermeneutics of Hans-Georg Gadamer, the essays interrogate the ontological underpinnings of interpretation, emphasizing the dynamic interaction between text and reader, tradition and present understanding. With a focus on both theoretical exploration and practical application, the volume delves into topics ranging from the history of legal hermeneutics to contemporary debates on originalism, constitutional interpretation, and the indeterminacy of law. Scholars and practitioners alike are encouraged to engage critically with these perspectives, fostering a more holistic and humanistically informed approach to legal interpretation. This collection is not merely an academic exercise but an invitation to rethink how legal meaning is shaped by and shapes the larger social and intellectual fabric.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1992.

Edition details

• Publisher: University of California Press
• Publication date: 2021
• Language: English
• ISBN 10: 0520368991
• ISBN 13: 9780520368996
• Binding: Hardcover
• Edition number: 1
• Number of pages: 350
• Editor: Leyh Gregory