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Articles 91 - 99 of 99
Full-Text Articles in Social and Behavioral Sciences
Rhetorical Knowledge In Legal Practice And Theory, Francis J. Mootz Iii
Rhetorical Knowledge In Legal Practice And Theory, Francis J. Mootz Iii
Scholarly Works
Rhetorical Knowledge in Legal Practice and Critical Legal Theory has just been published by the University of Alabama Press as part of its series, Rhetoric, Culture and Social Critique. My central themes are that rhetorical knowledge - however imperfectly pursued and attained - is a feature of social life; that rhetorical knowledge plays an important role in legal practice; and that legal critique is appropriately grounded by the normative injunction to maximize the generation of and reliance on rhetorical knowledge in the administration of justice by legal actors. If nothing else, I want to make clear that by recovering and …
Peace-Building, John Linarelli
Women, Just Implementation Of Asylum Policy, And Our Commitment To Human Dignity And Freedom, John Linarelli
Women, Just Implementation Of Asylum Policy, And Our Commitment To Human Dignity And Freedom, John Linarelli
Scholarly Works
No abstract provided.
Desperately Seeking Science, Francis J. Mootz Iii
Desperately Seeking Science, Francis J. Mootz Iii
Scholarly Works
In this commentary I offer a lawyer’s view of what law and linguistics interdisciplinary studies might mean for legal practice, as well as a legal theorist’s view of what importance they may hold for jurisprudence. I do not pretend to have more than cursory knowledge about linguistics, and so my remarks about what linguistics scholars might gain from an interdisciplinary exchange necessarily will be brief general.
An Examination Of The Proposed Crime Of Intervention In The Draft Code Of Crimes Against The Peace And Security Of Mankind, John Linarelli
An Examination Of The Proposed Crime Of Intervention In The Draft Code Of Crimes Against The Peace And Security Of Mankind, John Linarelli
Scholarly Works
No abstract provided.
The European Bank For Reconstruction And Development: Legal And Policy Issues, John Linarelli
The European Bank For Reconstruction And Development: Legal And Policy Issues, John Linarelli
Scholarly Works
No abstract provided.
China And The Gatt Agreement On Government Procurement, John Linarelli
China And The Gatt Agreement On Government Procurement, John Linarelli
Scholarly Works
No abstract provided.
The Paranoid Style In Contemporary Legal Scholarship, Francis J. Mootz Iii
The Paranoid Style In Contemporary Legal Scholarship, Francis J. Mootz Iii
Scholarly Works
This paper criticizes Pierre Schlag's postmodern legal theory by arguing that his idealized critic exhibits the style of functioning that we commonly would attribute to a paranoid individual. The paper concludes that a dialogical model of postmodern thought inspired by Hans-Georg Gadamer's philosophical hermeneutics provides a more helpful basis for contemporary legal theory.
The Ontological Basis Of Legal Hermeneutics: A Proposed Model Of Inquiry Based On The Work Of Gadamer, Habermas And Ricoeur, Francis J. Mootz Iii
The Ontological Basis Of Legal Hermeneutics: A Proposed Model Of Inquiry Based On The Work Of Gadamer, Habermas And Ricoeur, Francis J. Mootz Iii
Scholarly Works
This paper provides a detailed account of Gadamer's philosophical hermeneutics and its relationship to contemporary problems in legal theory. I first demonstrate that Gadamer's approach charts a course between the inflated claims of critical legal studies and the subjectivism of the law and literature movement. I then interrogate the hermeneutical approach from the perspective of Habermas's critical theory. I conclude that Ricoeur's intervention in the Gadamer-Habermas debate helps significantly to draw out the critical elements of Gadamer's work. I conclude by developing new model of legal practice and theory grounded in the textuality of law.