Law, Hermeneutics and Rhetoric
Series: Collected Essays in Law; Collected Essays in Law
Publisher: Ashgate Pub.
Published: 2010
Place of publication: Farnham
Language: eng
Format: [electronic resource]
Number of pages: 493
ISBN-13: 9780754629689
Description: This collection of Mootz's classic essays argues that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. Whereas contemporary legal theory is fragmented, this 'return' to hermeneutics and rhetoric as touchstones for law embraces dynamic traditions and provides the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization.
Notes: Description based on print version record.
Table of contents: title: Contents; Series Preface; Introduction; Part One: Legal Hermeneutics and Theory; 1 The New Legal Hermeneutics* (1994); 2 The Ontological Basis of Legal Hermeneutics: A Proposed Model of Inquiry Based on the Work of Gadamer, Habermas, and Ricoeur* (1988); 3 A Future Foretold: Neo-Aristotelian Praise of Postmodern Legal Theory* (2003); Part Two: Law, Hermeneutics and Rhetoric; 4 Rhetorical Knowledge in Legal Practice and Theory* (1998); 5 Law in Flux: Philosophical Hermeneutics, Legal Argumentation, and the Natural Law Tradition* (1999); Part Three: Critical Hermeneutics andLegal Rhetoric.; title: 6 Nietzschean Critique and Philosophical Hermeneutics* (2003)7 Responding to Nietzsche: The Constructive Power of Destruktion* (2007); Bibliography; Index.