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Full-Text Articles in Jurisprudence
The Hermeneutical And Rhetorical Nature Of Law, Francis J. Mootz Iii
The Hermeneutical And Rhetorical Nature Of Law, Francis J. Mootz Iii
Scholarly Works
In its most venal manifestation, scholarly writing betrays the anxiety of influence by claiming to offer a radically new solution to age-old conundrums. The goal is to make a clean break from a traditional path of thought that has become trapped in a cul-de-sac, to make progress by finding a new way forward. Not so with Jean Porter’s work, and particularly her most recent book. Professor Porter demonstrates that thinking through an established tradition – one that has responded to numerous challenges within very different contexts over several millennia – can sometimes offer the most productive response to contemporary dilemmas. …
The Empty Tomb: Post-Critical Legal Hermeneutics, Peter Goodrich
The Empty Tomb: Post-Critical Legal Hermeneutics, Peter Goodrich
Nevada Law Journal
There is nothing more refreshing than a successful failure. A momentary flaring of flamboyance. A near miss. Fifteen weeks as media monarchs; a good part—a small part—of a decade as a political threat to the order of the academy, if not the stability of the system. The affective bonds and the institutional disruption of youthful and latterly not-so-young dissidents and socialist sympathizers within the law schools definitely had their excitements, their impetus and novelties, and then they grew old, got rejected, disappeared into the shadows, backrooms, and faculty lounges. The various histories assign different figures to the failure of critical …
The Existential Subject Of Rights And Private Law: The Example Of The Indian Issue In Brazil, Jose Carlos Moreira Da Silva Filho
The Existential Subject Of Rights And Private Law: The Example Of The Indian Issue In Brazil, Jose Carlos Moreira Da Silva Filho
Nevada Law Journal
The issue of the juridical subject has been a topic of discussion as part of the rethinking of the classical jurisprudential concepts in Brazil. In particular, some authors have written about the “repersonalization of private law.” This has opened a promising path of inquiry regarding the legal subject for at least four major reasons. First, continental private law is the classical field to discuss the subject of rights. Second, the focus of private law remains the concept of the person, opening an important space to recover the moral philosophy in law. Third, the repersonalization of private law demonstrates the necessity …
Hermeneutics- The Path Of The Hermeneutic-Ontological Shift And The Decolonial Shift, Celso Luiz Ludwig
Hermeneutics- The Path Of The Hermeneutic-Ontological Shift And The Decolonial Shift, Celso Luiz Ludwig
Nevada Law Journal
The purpose of the reflections that follow is to highlight the meaning and importance of the hermeneutic shift produced by the work of Gadamer, to consider some of his themes and categories, and to extend the meaning of this hermeneutic rationality to the legal field in terms of a new conception of interpretation. A second objective is to catch sight of new theoretical perspectives, having as a starting point the unfolding of practical philosophy into hermeneutic philosophy carried out by Gadamer. This article aims at recuperating, among other things, the fundamental hermeneutic problem, so as to obtain a glimpse into …
Deconstructing The Models Of Judges: Legal Hermeneutics And Beyond The Subject-Object Paradigm, Lenio Luiz Streck
Deconstructing The Models Of Judges: Legal Hermeneutics And Beyond The Subject-Object Paradigm, Lenio Luiz Streck
Nevada Law Journal
The linguistic-ontological turn has brought uncountable consequences to the interpretation of Law. However, dogmatic-legal knowledge remains hostage to a judicial protagonism, a philosophy of consciousness that, together with legal discretion, represent two sides of the same coin. The criticism of judicial discretion is a matter of democracy: decisions must be coherent, assuring the integrity of Law by reinforcing the normative power of the Constitution from which arises the need for correct answers in Law.
Legal Interpretation: The Window Of The Text As Transparent, Opaque, Or Translucent, George H. Taylor
Legal Interpretation: The Window Of The Text As Transparent, Opaque, Or Translucent, George H. Taylor
Nevada Law Journal
It is a common metaphor that the text is a window onto the world that it depicts. I want to explore this metaphor and the insights it may offer us for better understanding legal interpretation. As in the opening epigraph from James Boyd White, I shall develop the metaphor of the text as window in three ways: the text may be transparent, opaque, or translucent. My goal will be to argue that the best way to understand legal interpretation is to conceive of the legal text as translucent, but along the way I will compare the merits also of considering …