The Pragmatic Turn in Law

Inference and Interpretation in Legal Discourse

Author: Janet Giltrow,Dieter Stein

Publisher: Walter de Gruyter GmbH & Co KG

ISBN: 150150472X

Category: Language Arts & Disciplines

Page: 384

View: 7345

DOWNLOAD NOW »

In legal interpretation, where does meaning come from? Law is made from language, yet law, unlike other language-related disciplines, has not so far experienced its "pragmatic turn" towards inference and the construction of meaning. This book investigates to what extent a pragmatically based view of l linguistic and legal interpretation can lead to new theoretical views for law and, in addition, to practical consequences in legal decision-making. With its traditional emphasis on the letter of the law and the immutable stability of a text as legal foundation, law has been slow to take the pragmatic perspective: namely, the language-user 's experience and activity in making meaning. More accustomed to literal than to pragmatic notions of meaning, that is, in the text rather than constructed by speakers and hearers the disciplines of law may be culturally resistant to the pragmatic turn. By bringing together the different but complementary perspectives of pragmaticians and lawyers, this book addresses the issue of to what extent legal meaning can be productively analysed as deriving from resources beyond the text, beyond the letter of the law. This collection re-visits the feasibility of the notion of literal meaning for legal interpretation and, at the same time, the feasibility of pragmatic meaning for law. Can explications of pragmatic meaning support court actions in the same way concepts of literal meaning have traditionally supported statutory interpretations and court judgements? What are the consequences of a user-based view of language for the law, in both its practices of interpretation and its definition of itself as a field? Readers will find in this collection means of approaching such questions, and promising routes for inquiry into the genre- and field-specific characteristics of inference in law. In many respects, the problem of literal vs. pragmatic meaning confined to the text vs. reaching beyond it will appear to parallel the dichotomy in law between textualism and intentionalism. There are indeed illuminating connections between the pair of linguistic terms and the more publicly controversial legal ones. But the parallel is not exact, and the linguistic dichotomy is in any case anterior to the legal one. Even as linguistic-pragmatic investigation may serve legal domains, the legal questions themselves point back to central conditions of all linguistic meaning.
Release

The Pragmatic Turn in Philosophy

Contemporary Engagements between Analytic and Continental Thought

Author: William Egginton,Mike Sandbothe

Publisher: SUNY Press

ISBN: 9780791460696

Category: Philosophy

Page: 262

View: 6771

DOWNLOAD NOW »

Demonstrates that the divisions between analytic and continental philosophy are being replaced by a transcontinental desire to address common problems in a common idiom.
Release

Pluralism and the Pragmatic Turn

The Transformation of Critical Theory, Essays in Honor of Thomas McCarthy

Author: William Rehg,James Bohman

Publisher: MIT Press

ISBN: 9780262264303

Category: Philosophy

Page: 465

View: 6159

DOWNLOAD NOW »

The essays in this volume reflect on and expand Frankfurt School critical theory as reformulated after World War II by Karl-Otto Apel, Jürgen Habermas, and others. Frankfurt School critical theory since the pragmatic turn has become a richer source of critical analysis that is at the same time socially and politically more effective. The essays are dedicated to Thomas McCarthy, who has done perhaps more than any other scholar to introduce English-speaking audiences to contemporary German critical theory.The book is organized into three parts. Part one deals with social theory and the rational basis of communication, including basic issues raised by the pragmatic turn. Part two examines conceptions of autonomy and the self. Part three deals with political theory, focusing on problems stemming from sociocultural pluralism. Together, the essays provide an overview of the latest developments in Frankfurt School critical theory as it responds to the challenges of pragmatism and social pluralism.
Release

Law, Justice, and Power

Between Reason and Will

Author: Sinkwan Cheng

Publisher: Stanford University Press

ISBN: 9780804748919

Category: Law

Page: 278

View: 5091

DOWNLOAD NOW »

This volume provides different disciplinary and cultural perspectives on the ethical and political ramifications of the incommensurable yet inextricable relationships among law, justice, and power.
Release

Democracy, Law and Governance

Author: Jacques Lenoble,Marc Maesschalck

Publisher: Routledge

ISBN: 1317153030

Category: Law

Page: 276

View: 1994

DOWNLOAD NOW »

Democracy, Law and Governance details the transformation of the modes of governance of contemporary developed democracies and aims to define the conditions required for promoting public interest in their public policy. Firstly, the volume illustrates why a sound theoretical approach to the concept of law results in opening up the theory of law to the debate on governance in the social sciences. Secondly, it reconstructs the underpinnings of recent debate on governance, focusing on the pragmatist turn that has marked efforts to overcome the inadequacies of both the economic and the deliberative approaches. In fulfilling this second goal, it examines the advances yielded by the pragmatist turn as well as its limitations, and concludes by proposing a theoretical approach for dealing with them. This illuminating book applies recent research in both theory of law and theory of governance to deepen the analytic impact of the recent pragmatist revival.
Release

Richard J. Bernstein and the Pragmatist Turn in Contemporary Philosophy

Rekindling Pragmatism's Fire

Author: J. Green

Publisher: Springer

ISBN: 1137352701

Category: Philosophy

Page: 234

View: 6559

DOWNLOAD NOW »

Richard J. Bernstein, who has played a leading role in "the pragmatist turn" in contemporary philosophy, replies to twelve younger critics in a lively conversation about pragmatism's past, present, and future as a guiding paradigm for philosophy and related fields.
Release

Arctic Politics, the Law of the Sea and Russian Identity

The Barents Sea Delimitation Agreement in Russian Public Debate

Author: G. Hønneland

Publisher: Springer

ISBN: 1137414065

Category: Political Science

Page: 131

View: 6964

DOWNLOAD NOW »

This book analyses the Russian opposition to the 2010 Barents Sea delimitation agreement in light of both the Law of the Sea and Russian identity, arguing that the agreement's critics and proponents inscribe themselves into different Russian narratives about Russia's rightful place in the world.
Release

Pragmatics and Law

Practical and Theoretical Perspectives

Author: Francesca Poggi,Alessandro Capone

Publisher: Springer

ISBN: 3319446010

Category: Language Arts & Disciplines

Page: 476

View: 6296

DOWNLOAD NOW »

This volume is the second part of a project which hosts an interdisciplinary discussion about the relationship among law and language, legal practice and ordinary conversation, legal philosophy and the linguistics sciences. An international group of authors, from cognitive science, philosophy of language and philosophy of law question about how legal theory and pragmatics can enrich each other. In particular, the first part is devoted to the analysis of how pragmatics can solve problems related to legal theory: What can pragmatics teach about the concept of law and its relationship with moral, and, in particular, about the eternal dispute between legal positivism and legal naturalism? What can pragmatics teach about the concept of law and/or legal disagreements? The second part is focused on legal adjudication: it aims to construct a pragmatic apparatus appropriate to legal trial and/or to test the tenure of the traditional pragmatics tools in the field. The authors face questions such as: Which interesting pragmatic features emerge from legal adjudication? What pragmatic theories are better suited to account for the practice of judgment or its particular aspects (such as the testimony or the binding force of legal precedents)? Which pragmatic and socio-linguistic problems are highlighted by this practice?
Release

World and Worldhood / Monde et Mondanéité

Author: Institut International de Philosoph,Peter Kemp

Publisher: Springer Science & Business Media

ISBN: 1402030274

Category: Philosophy

Page: 209

View: 5469

DOWNLOAD NOW »

In this book philosophers try to answer the following question: What is globalization and what does "globe" or "world" (monde) signify? Rémi Brague returns to the Greek idea of the cosmos in order to track the worldhood (mondanéité) of the world, that is, the process by which the idea of the world is formed. Don Ihde shows how a world has developed, in which technologies are no longer considered neutral means serving the ends of human action, but become the very means by which people exist in the world. Vittorio Mathieu describes the economical world at two levels – that of the individual and that of society. Tomonobu Imamichi analyses the capacity of aesthetic experience to disclose a world other than the world of technological efficiency. Francisco Miró Quesada C. emphasises that the great political questions are not solvable without worldviews that express value systems. David Rasmussen describes sensus communis as a cosmopolitan concept, which founds a political globalization of the world. And Peter Kemp attempts to grasp the meaning of that globalization upon which the destiny of our planet depends.
Release

Legal Linguistics

Author: Marcus Galdia

Publisher: Peter Lang

ISBN: 9783631594636

Category: Language Arts & Disciplines

Page: 434

View: 4107

DOWNLOAD NOW »

This book introduces into the problems of Legal Linguistics. It starts with the most fundamental legal-linguistic question, i.e. how law is created and applied with linguistic means. In breaking down this vast question, the book identifies the linguistically relevant aspects of language use, especially its terminology, and scrutinizes the most significant legal-linguistic operations such as the legal argumentation, the legal interpretation, and the legal translation. Based on case analyses, it canvasses the language use strategies that are most instrumental in the developing of professionally convincing legal argumentation, primarily around terminological units. Towards the background of these and other linguistic operations in law, the book reflects upon some practical problems related to the regulation of language use and the emergence of the global law.
Release