The Ontological Basis of Legal Hermeneutics: A Proposed Model of Inquiry Based on the Work of Gadamer, Habermas and Ricoeur

Abstract

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

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Citations of this work

Introduction: Law in Habermas's theory of communicative action.Mathieu Deflem - 1994 - Philosophy and Social Criticism 20 (4):1-20.
Habermas, modernity and law: A bibliography.Mathieu Deflem - 1994 - Philosophy and Social Criticism 20 (4):151-166.

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Playing.[author unknown] - 2010

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