1st Edition

Law's Hermeneutics Other Investigations

Edited By Simone Glanert, Fabien Girard Copyright 2017
    270 Pages
    by Routledge

    270 Pages
    by Routledge

    Bringing together leading academics hailing from different cultural and scholarly horizons, this book revisits legal hermeneutics by making particular reference to philosophy, sociology and linguistics. On the assumption that theory has much to teach law, that theory motivates and enables, the writings of such intellectuals as Martin Heidegger, Hans-Georg Gadamer, Jacques Derrida, Paul Ricœur, Giorgio Agamben, Jürgen Habermas, Ronald Dworkin and Ludwig Wittgenstein receive special consideration. As it explores the matter of reading the law and as it inquires into the emergence of meaning within the dynamic between reader and text against the background of the reader’s worldly finiteness, this collection of essays wishes to contribute to an improved appreciation of the merits and limits of law’s hermeneutics which, it argues, is emphatically not to be reduced to a simple tool for textual exegesis.




    Hermeneuticizing the Law

    Simone Glanert and Fabien Girard


    1 Heidegger’s Hermeneutics

    Cristina Lafont

    2 Understanding the Other: A Gadamerian View on Conceptual Schemes

    Charles Taylor

    3 Gadamer’s Interest for Legal Hermeneutics

    Jean Grondin

    4 The Interpretation of Foreign Law: How Germane Is Gadamer

    Simone Glanert



    5 Ricœur’s Legal Hermeneutics: Mapping the Non-Place of Critique

    Fabien Girard

    6 Dworkin, Interpretation and Legal Change

    Paul Yowell

    7 Taking Stories Seriously: The Place of Narrative in Legal Interpretation

    François Ost


    8 Wittgenstein on Rule-Following and Interpretation

    Julia Tanney

    9 Derrida’s Gadamer

    Pierre Legrand

    10 Habermas, Law and the European Union

    William Outhwaite


    11 Law’s Disappearance:

    The State of Exception and the Destruction of Experience

    Cosmin Sebastian Cercel


    The Hermeneutic Character of Legal Construction

    Ralf Poscher

    Notes on Contributors




    Simone Glanert is Senior Lecturer at Kent Law School and Director of the Kent Centre for European and Comparative Law.

    Fabien Girard is Assistant Professor (Maître de conférences) at the Faculty of Law, Université Grenoble Alpes.