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

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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.
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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

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

Author: Richard J. Bernstein

Publisher: Polity

ISBN: 0745649076

Category: Language Arts & Disciplines

Page: 263

View: 4486

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"Richard J. Bernstein argues that many of the important themes in philosophy during the past 150 years are variations and developments of ideas that were prominent in the classical American pragmatists: Charles S. Peirce, William James, John Dewey, and George H. Mead. The pragmatic thinkers reject a sharp dichotomy between subject and object, mind-body dualism, the quest for certainty, and the spectator theory of knowledge. They seek to bring about a sea change in philosophy that highlights the social character of human experience and normative social practices, the self-correcting nature of all inquiry, and the continuity of theory and practice. And they - especially James, Dewey, and Mead - emphasize the democratic ethical-political consequences of a pragmatic orientation. Many of the themes developed by the pragmatic thinkers were central to the work of major twentieth-century philosophers such as Wittgenstein and Heidegger, but the so-called analytic/Continental split obscures this underlying continuity. Bernstein develops an alternative reading of contemporary philosophy that brings out the persistence and continuity of pragmatic themes. He explains why the discussion of pragmatism is alive, varied, and widespread"--Dust jacket.
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Democracy, Law and Governance

Author: Jacques Lenoble,Marc Maesschalck

Publisher: Routledge

ISBN: 1317153030

Category: Law

Page: 276

View: 2187

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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.
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Law, Justice, and Power

Between Reason and Will

Author: Sinkwan Cheng

Publisher: Stanford University Press

ISBN: 9780804748919

Category: Law

Page: 278

View: 9464

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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.
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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

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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.
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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: 9654

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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.
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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: 3676

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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.
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Burdens of Proof in Modern Discourse

Author: Richard H. Gaskins

Publisher: Yale University Press

ISBN: 9780300063066

Category: Law

Page: 362

View: 7525

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Public and professional debates have come to rely heavily on a special type of reasoning: the argument-from-ignorance, in which conclusions depend on the lack of compelling information. "I win my argument," says the skillful advocate, "unless you can prove that I am wrong." This extraordinary gambit has been largely ignored in modern rhetorical and philosophical studies. Yet its broad force can be demonstrated by analogy with the modern legal system, where courts have long manipulated burdens of proof with skill and subtlety. This legal, philosophical, and rhetorical study by Richard H. Gaskins provides the first systematic treatment of arguments-from-ignorance across a wide range of modern discourse--from constitutional law, scientific inquiry, and moral philosophy to organizational behavior, computer operation, and personal interaction. Gaskins reviews the historic shifts in constitutional proof burdens that have shaped public debate on fundamental rights and, by analogy, on the fundamental status of intellectual and cultural authority. He shows how similar shifts have dominated polemical battles between scientific and ethical modes of authority, affecting both academic and popular discussion. Finally, he discovers the philosophical roots of default reasoning strategies in the arguments of Kant and nineteenth-century Kantian schools. Concluding that shifting proof burdens are inescapable in a world of scientific and moral uncertainty, Gaskins emphasizes the common strategic ground shared by dogmatic and skeptical reasoning. Using Hegelian strategies, he describes a more pluralistic temper that can move critical thinking beyond polemics and strengthen our capacities for common discourse.
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Reason in Law

Author: Lief H. Carter

Publisher: Harpercollins College Division

ISBN: N.A

Category: Education

Page: 286

View: 414

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This classic text explains how judges and lawyers argue about the law and focuses on the political importance of legal decision-making. Reason In Law examines the differences between well- and badly-reasoned legal decisions and is liberally sprinkled with examples of "badly" reasoned cases.
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