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A clear summary of contemporary rhetorical philosophy and its intersections with hermeneutics and critical theory. This book describes the significance of rhetorical knowledge for law through detailed discussions of some of the most difficult legal issues facing courts today, including affirmative action, gay rights, and assisted suicide. Francis J. Mootz responds to both extremes, those who argue that law is merely a rhetorical mask for the exercise of power and those who demonstrate an ideological faith in law's autonomy, and he breaks ne
Rhetoric. --- Critical legal studies. --- Law --- Language and languages --- Speaking --- Authorship --- Expression --- Literary style --- Jurisprudence --- Critical legal studies movement --- Critical theory --- Sociological jurisprudence --- Philosophy. --- Rhetoric --- Droit --- Rhétorique --- Critique du droit (Mouvement) --- Philosophie
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In recent years, there has been tremendous growth of interest in the connections between law and philosophy, but the diversity of approaches that claim to be working at the intersection of these disciplines might suggest that this area of inquiry is so fractured as to be incoherent. This volume gathers leading scholars to provide focused and straightforward articulations of the role that philosophy might play at this juncture of the history of American legal thought. It marks the seventy-fifth anniversary of Karl Llewellyn's essay 'On Philosophy in American Law' in which he rehearsed the broad development of American jurisprudence, diagnosed its contemporary failings and then charted a productive path opened by the variegated scholarship that claimed to initiate a realistic approach to law and legal theory. It is written in the spirit of Llewellyn's article: they are succinct and direct arguments about the potential for bringing law and philosophy together.
Law --- Anglo-American law --- Law, Anglo-American --- Jurisprudence --- Philosophy. --- General and Others
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Legal theory and methods. Philosophy of law --- United States --- Etats-Unis --- United States of America
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Economics --- Legal theory and methods. Philosophy of law --- Linguistics --- economie --- filosofie --- recht --- linguïstiek
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Hermeneutics. --- Philosophy, Modern --- Herméneutique --- Hermeneutik. --- Gadamer, hans-georg (1900-2002) --- Ricoeur, paul (1913-2005) --- Tradition (philosophie) --- Gadamer, Hans-Georg, --- Ricœur, Paul. --- Gadamer, Hans-Georg. --- Ricoeur, Paul. --- Herméneutique
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This book offers educational experiences, including reflections and the resulting essays, from the Roberta Kevelson Seminar on Law and Semiotics held during 2008 - 2011 at Penn State University's Dickinson School of Law. The texts address educational aspects of law that require attention and that also are issues in traditional jurisprudence and legal theory. The book introduces education in legal semiotics as it evolves in a legal curriculum. Specific semiotic concepts, such as sign , symbol or legal language, demonstrate how a lawyer's professionally important tasks of name-giving and meaning-giving are seldom completely understood by lawyers or laypeople. These concepts require analyses of considerable depth to understand the expressiveness of these legal names and meanings, and to understand how lawyers can say the law, or urge such a saying correctly and effectively in the context of a natural language that is understandable to all of us. The book brings together the structure of the Seminar, its foundational philosophical problems, the specifics of legal history, and the semiotics of the legal system with specific themes such as gender, family law, and business law.
Economics --- Legal theory and methods. Philosophy of law --- Linguistics --- economie --- filosofie --- recht --- linguïstiek
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