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part Part I Philosophical Hermeneutics and Legal Theory -- chapter Gadamer on the Exemplary Significance of Law for Hermeneutical Philosophy -- chapter Philosophical Hermeneutics and Jurisprudence -- chapter Modes of Legal Interpretation: Statutory and Constitutional -- part Part II Gadamer in Conversation with other Leading Hermeneutic Philosophers on Law and Legal Theory -- chapter Gadamer and the Continental Tradition -- chapter Gadamer and Nietzsche -- chapter Gadamer and Habermas -- chapter Gadamer and Dworkin.

A clear summary of contemporary rhetorical philosophy and its intersections with hermeneutics and critical theory. This book describes the significance of rhetorical knowledge for law through detailed discussions of some of the most difficult legal issues facing courts today, including affirmative action, gay rights, and assisted suicide. Francis J. Mootz responds to both extremes, those who argue that law is merely a rhetorical mask for the exercise of power and those who demonstrate an ideological faith in law's autonomy, and he breaks new ground by returning to modern classics in th

In recent years, there has been tremendous growth of interest in the connections between law and philosophy, but the diversity of approaches that claim to be working at the intersection of these disciplines might suggest that this area of inquiry is so fractured as to be incoherent. This volume gathers leading scholars to provide focused and straightforward articulations of the role that philosophy might play at this juncture of the history of American legal thought. It marks the seventy-fifth anniversary of Karl Llewellyn's essay 'On Philosophy in American Law' in which he rehearsed the broad development of American jurisprudence, diagnosed its contemporary failings and then charted a productive path opened by the variegated scholarship that claimed to initiate a realistic approach to law and legal theory. It is written in the spirit of Llewellyn's article: they are succinct and direct arguments about the potential for bringing law and philosophy together

The Rule of Law is the core of our political and legal ideology, but the Rule of Law increasingly is attacked as an unattainable goal. Postmoder theorists challenge whether it makes sense to believe that rules can be formulated for general application and then later neutrally applied by decision makers. Postmodern theorists reject the nlightenment world view and its political corollary, classical liberalism. The author agrees with the spirit of the postmoder critique, but argues that we can understand the Rule of Law in a manner consonant with postmodern thought. Drawing on the Continental tradition of hermeneutics, or the philosophy of interpretation, the Rule of Law is reformulated in accordance with the insights of the post-Enlightenment era. This article first reviews Dean Geoffrey Walker's recent attempt to defend the Rule of Law from a post-Enlightenment perspective. Dean Walker describes the emerging post-Enlightenment world view as it is reflected in disparate fields that include quantum physics and Taoism. However, Dean Walker's approach remains wedded to Enlightenment conceptions. His efforts can only serve as the springboard for a more productive hermeneutical inquiry. The Enlightenment vision of rational, insular subjects decoding the objective world does not accurately portray the experience of understanding and knowing. Given that the natural sciences are now viewed as irremediably intersubjective and interpretive practices, it is no surprise that legal practice has been stripped of its formalist pretensions. The author describes how this inescapable hermeneutical situation does not preclude the Rule of Law, but rather is the very foundation of the Rule of Law.

Frontmatter -- Contents -- Introduction / Mootz I I I, Francis J. / Slocum, Brian G. -- 1. Scalia as Procrustes for the Majority, Scalia as Cassandra in Dissent / Case, Mary Anne -- 2. Justice Scalia's Philosophy of Interpretation: From Textualism to Deferentialism / Soames, Scott -- 3. Power / Nourse, Victoria -- Part 2. The Rhetoric of Statutory Textualism -- 4. No Vehicles on Mars / Slocum, Brian G. -- 5. The Two Justice Scalias / Solan, Lawrence M. -- 6. Textualism without Formalism: Justice Scalia's Statutory Interpretation Legacy / Gluck, Abbe R. -- 7. Party Like It's 1989: Justice Scalia's Rhetoric of Certainty / Mootz I I I, Francis J. -- Part 3. Applied Rhetorical Theory -- 8. God's Justice, Scalia's Rhetoric, and Interpretive Politics / Mailloux, Steven -- 9. Rhetoric, Jurisprudence, and the Case of Justice Scalia; Or, Why Did Justice Scalia, of All Judges, Write Like That? / Shanske, Darien -- 10. No Reasonable Person / Taylor, George H. / Jockers, Matthew L. / Nascimento, Fernando -- 11. Justice Scalia and Family Law / Bix, Brian H. -- Part 4. Rhetorical Criticism of Heller -- 12. Guns and Preludes / Garver, Eugene -- 13. Of Guns and Grammar: Justice Scalia's Rhetoric / Brooks, Peter -- Part 5. The Rhetoric of the Past -- 14. A Separate, Abridged Edition of the First Amendment -- 15. Rhetorical Constructions of Precedent: Justice Scalia's Free-Exercise Opinion / Berger, Linda L. -- 16. Justice Scalia's Rhetoric of Overruling: Throwing Out the (Institutional) Baby with the Bathwater / Rountree, Clarke -- Notes -- Contributors -- Index of Cases -- Index of Subjects

Intro -- Contents -- Acknowledgments -- I. Introductions -- 1. Contemporary Law through the Classical Lens | Kirsten K. Davis and Francis J. Mootz III -- 2. Classical Rhetoric: Then and Now | Brian N. Larson and Kristen K. Tiscione -- II. Back to the Future: The Eclipse and Revival of Rhetoric -- 3. Giambattista Vico: Lamenting the Decline of Classical Rhetoric | Francis J. Mootz III -- 4. Chaïm Perelman and Lucie Olbrechts-Tyteca: Answering Vico's Lament | David A. Frank -- III. Studies in Classical Rhetoric and Contemporary Law -- 5. Antiphon the Athenian: Probability Arguments in Ancient Greece and Today | Michael Gagarin -- 6. Dissoi Logoi: Speaking on Both Sides of a Question | Elizabeth C. Britt -- 7. Isocrates: Fear of the "Other" in Classical and Modern Times | Nick J. Sciullo and Craig A. Meyer -- 8. Plato: Legal Argument as the Distortion of Reality | Kristen K. Tiscione -- 9. Aristotle: Persuasion and Practical Reason | Eugene Garver -- 10. Aristotle: Aristotle's Topics and U.S. v. Lopez | Catherine L. Langford -- 11. Demosthenes: Founding Principles-The Role of Tradition in Persuasive Argument | Vasileios Adamidis and Laura A. Webb -- 12. Cicero: Legal Stases and the Supreme Court | Brian N. Larson and Susan E. Provenzano -- 13. Quintilian: The Lawyer, Speaking-The Lawyer as "Perfect Orator" | Kirsten K. Davis -- 14. Saint Augustine: The Place of Rhetoric in the Law and Religion Interface | Mark A. Hannah -- Afterword | Brian N. Larson -- Notes -- Bibliography -- Contributors -- Names and Subjects Index -- Legal Materials Index.

Comment se pratique la philosophie du droit en ce début de XXIe siècle à la suite des bouleversements politiques et théoriques observés lors du siècle précédent ?