This is the first collection of essays examining Paul Ricoeur's writings on law, bringing together eminent Ricoeur scholars from around the world to demonstrate the importance of Ricoeur's philosophy for the juridical field while offering new paths to extend and build on his work.

In Oneself as Another, Ricœur famously writes of the ethical intention as “aiming at the ‘good life’ with and for others, in just institutions.” This article explores the potential meaning of “just institutions,” a theme underdeveloped in Ricœur’s work. While many have argued that institutions necessarily reify and so cannot aim toward just ends, the article draws on Ricœur’s differentiation between objectification and reification to show why this need not be the case. While reification destroys human value and meaning because (...) it reduces human activity to a thing, objectification characterizes the positive externalization of ourselves in objects—in words, deeds, structures, and institutions. Institutions such as the law are structures that can positively objectify our just aspirations, even if we must continually guard against these structures’ reified reduction. Ricœur shows us how objectification, including objectification of values in institutions, can be something not only positive but necessary in order for values to flourish. (shrink)

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 the legal text as either transparent or opaque. (shrink)

This article attempts to show the continuing practical relevance of hermeneutics through the example of legal interpretation. The article begins with the very concrete nature of legal hermeneutics that forms everyday legal practice – the interrelation of meaning and application – and expands at a more theoretical to show how legal hermeneutics, and hermeneutics more generally, offers what Ricoeur calls an interpretive “choice in favor of meaning.” The choice in favour of meaning underscores the restorative character of hermeneutics that legal (...) hermeneutics can epitomize. The article concludes with some of the challenges facing contemporary legal hermeneutics. (shrink)

As Ricœur scholars know, the literature by and on Ricœur is vast. Material written by Ricœur that is not collected in published volumes is often difficult to locate, and even in the published volumes it is frequently a challenge to locate where Ricœur discusses a particular topic. Given the amount of his work it can be a challenge too to determine changes in his analyses over the life of his corpus. And locating secondary literature on Ricœur can be equally problematic. (...) In response, we have been working to establish a model for how Ricœur’s corpus might be digitized so that the issues of access, keyword location, and pattern might all be addressed. To develop the model, we are starting with Ricœur’s primary texts in English and plan to expand over time to other languages and to the secondary literature on Ricœur. In the present article we discuss our model and its five steps: digital access; copyright; text preparation for digital searches and analysis; examples of digital searches and analyses; and an archive portal interface that allows users to query based on an extensible set of search variables without needing to know or access the underlying search logic. We also invite interested researchers to help assist the development of this digitization project. (shrink)

Hans-Georg Gadamer and Paul Ricoeur were two of the most important hermeneutical philosophers of the twentieth century. Gadamer single-handedly revived hermeneutics as a philosophical field with his many essays and his masterpiece, Truth and Method. Ricoeur famously mediated the Gadamer-Habermas debate and advanced his own hermeneutical philosophy through a number of books addressing social theory, religion, psychoanalysis and political philosophy. This book brings Gadamer and Ricoeur into a hermeneutical conversation with each other through some of their most important commentators. Twelve (...) leading scholars deliver contemporary assessments of the history and promise of hermeneutical philosophy, providing focused discussion on the work of these two key hermeneutical thinkers. The book shows how the horizons of their thought at once support and question each other and how, in many ways, the work of these two pioneering philosophers defines the issues and agendas for the new century. (shrink)

Hermeneutics encounters three current challenges: by more quantitative orientations, by stances that reject pluralism, and by criticism that the hermeneutic field is elitist and esoteric. The article offers a response through Ricœur. The hermeneutic “choice in favor of meaning” insists upon the ontological value of the human condition. It shows the insufficiency of the quantitative approach, the remaining value of pluralistic consideration of what human meaning entails, and the real world consequences of interpretation. Examples in Ricœur show how a hermeneutic (...) choice in favor of meaning is not passive but instead reads texts with a particular orientation even when the text seems engaged in another project. The article’s final part undertakes an internal critique, raising the adequacy of Ricœur’s emphasis on meaning as an affirmation of “being.” The example of Buddhist insistence on “emptiness” is offered as one counterexample. The article concludes by arguing that in our contentious times hermeneutics confirms its contemporary vitality through its choice in favor of meaning even as it retains pluralistic consideration of what that meaning entails. (shrink)

This article elaborates the continuing significance of Ricoeur’s development of utopia. Ricoeur develops two not necessarily exclusive aspects of the utopia in its positive sense. First, it acts as an imaginative variation on existing reality, and second, it can act to ‘shatter’ and hence recast existing reality. While Ricoeur himself did not tend to distinguish rigorously between these two senses of the utopia, the article seeks to provide that delineation. Imaginative variation opens the sphere of human possibility but remains hypothetical, (...) while the utopia as that which shatters can introduce a new reality into social existence. In the utopia that shatters, the social imagination can be constitutive of social life. The article situates Ricoeur’s discussion of utopia in his Lectures on Ideology and Utopia in relation to other relevant texts in his corpus, principally The Rule of Metaphor and the forthcoming Lectures on Imagination. The argument locates Ricoeur’s treatment of utopia within the broader field of his work on the symbolic structure of action and social imagination. (shrink)

There is a well-worn image and phrase for libertarianism: "atomized individualism." This hobgoblin has spread so thoroughly that even some libertarians think their philosophy unreservedly supports private persons, whatever the situation, whatever their behavior. Smith's Self-Interest and Social Order in Classical Liberalism, corrects this misrepresentation with careful intellectual surveys of Hume, Smith, Hobbes, Butler, Mandeville, and Hutcheson and their respective contributions to political philosophy.

In this article I draw together what is a largely neglected account of the hermeneutic thrust of Mead’s late writings. In particular, I argue that Mead’s philosophy of the present also amounts to a theory of interpretation. In an open dialogue with a number of Hans-Georg Gadamer’s most fundamental concepts, I demonstrate how Mead’s notion of emergence in the present of both past and future neatly aligns with Gadamer’s philosophical hermeneutics. I will trace the foundation of this common ground by (...) highlighting the pivotal influence of Wilhelm Dilthey on both Gadamer and the young Mead. Then, I will draw out the consequences this mutual influence has on the critique of the methodological historicist tradition. Throughout I demonstrate several missed opportunities by Hans Joas at providing a philosophical hermeneutic account of Mead’s work. It is my intention to display how together the traditions of philosophical hermeneutics and pragmatism inform one another. (shrink)

Individualism is one of most criticized and least understood ideas in social and political thought. Is individualism the ability to act independently amidst a web of social forces? A vital element of personal liberty and a shield against conformity? Does it lead to or away from unifying individuals with communities? Individualism: A Reader provides a wealth of illuminating essays from the 17th to the early 20th centuries. In 26 selections from 25 writers individualism is explained and defended, often from unusual (...) perspectives. This anthology includes not only selections from well-known writers, but also many lesser-known pieces--reprinted here for the first time--by philosophers, social theorists, and economists who have been overlooked in standard accounts of individualism. The depth and complexity of ideas about individualism are reflected in the six sections in this collection. The first examines individuality generally, with the following five detailing social, moral, political, religious, and economic individualism. Throughout, individualism is analyzed and defended through the lenses of classical liberalism, free-market libertarianism, individual anarchism, voluntary socialism, religious individualism, abolitionism, free thought, and radical feminism. Both richly historical and sharply contemporary, Individualism: A Reader provides a multitude of perspectives and insights on personal liberty and the history of freedom. (shrink)

[TofC cont.] Social ideals: Justice, A utilitarian theory of justice / J.S. Mill, Egalitarianism with changed motivation / G. Cohen; Equality, Multidimensional equality / M. Walzer, Equality of capacity / A. Sen; Liberty, rights, property, and self-ownership, A defense of the primacy of liberty rights / L. Lomasky, Atomism and the primacy of rights / C. Taylor -- Social institutions: Education, Educating about familial values / W. Galston, For vouchers and parental choice / M. Friedman; Family, In defense of (...) filial obligations / C.H. Sommers; Punishment, A utilitarian theory of punishment / J. Bentham. In [this book, the editors] provide students [with] a wide variety of readings covering the problems of political and social philosophy. Such topics as political obligation, democracy, rights, and justice are represented, in addition to less widely discussed subjects as the family. Both common approaches and those which are less familiar are presented, as well as recent developments in the topic area. -Back cover. (shrink)