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2003

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Legal Theory

Gays and lesbians

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Nietzschean Critique And Philosophical Hermeneutics, Francis J. Mootz Iii Jan 2003

Nietzschean Critique And Philosophical Hermeneutics, Francis J. Mootz Iii

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This article appears as part of a Symposium on "Nietzsche and Legal Theory" published by the Cardozo Law Review. It addresses connections between philosophical hermeneutics and Nietzschean critique, and the relevance that these connections might have for legal theory.

Legal practice inevitably is hermeneutical, with lawyers and judges interpreting governing legal texts and the social situations in which they must be applied. Hans-Georg Gadamer's philosophical hermeneutics describes this practice well, but he treats the question of the possibility of a critical hermeneutics in an ambiguous and under-developed manner. Consequently, Gadamer is frequently (and unfairly) accused of conventionalism and quietism ...