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.
Table of Contents
Hermeneuticizing the Law
Simone Glanert and Fabien Girard
PART I – A MATRIX
1 Heidegger’s Hermeneutics
2 Understanding the Other: A Gadamerian View on Conceptual Schemes
3 Gadamer’s Interest for Legal Hermeneutics
4 The Interpretation of Foreign Law: How Germane Is Gadamer
PART II – CONCURRENCES
5 Ricœur’s Legal Hermeneutics: Mapping the Non-Place of Critique
6 Dworkin, Interpretation and Legal Change
7 Taking Stories Seriously: The Place of Narrative in Legal Interpretation
PART III – VARIANCES / DISCREPANCIES
8 Wittgenstein on Rule-Following and Interpretation
9 Derrida’s Gadamer
10 Habermas, Law and the European Union
11 Law’s Disappearance:
The State of Exception and the Destruction of Experience
Cosmin Sebastian Cercel
The Hermeneutic Character of Legal Construction
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.