by Matthias Klatt (2008)
"Legal argumentation consists in the interpretation of texts. Therefore, it has a natural connection to the philosophy of language. Central issues of this connection, however, lack a clear answer. For instance, how much freedom do judges have in applying the law? How are the literal and the purposive approaches related to one another? How can we distinguish between applying the law and making the law? This book provides answers by means of a complex and detailed theory of literal meaning. A new legal method is introduced, namely the further development of the law. It is so far unknown in Anglo-American jurisprudence, but it is shown that this new method helps in solving some of the most crucial puzzles in jurisprudence. At its centre the book addresses legal indeterminism and refutes linguistic-philosophical reasons for indeterminacy. It spells out the normative character of interpretation as emphasized by Raz and, with the help of Robert Brandom's normative pragmatics, it is shown that the relativism of interpretation from a normative perspective does not at all justify scepticism. On the contrary, it supports the claim that legal argumentation can be objective, and maintains that statements on the meaning of a statute can be right or wrong, and take on inter-subjective validity accordingly. This book breaks new ground in transferring Brandom's philosophy to legal theoretical problems and presents an original and exciting analysis of the semantic argument in legal argumentation. It was the recipient of the European Award for Legal Theory in 2002."--Bloomsbury Publishing.
Charles Travis
This work offers an account of Wittgenstein's view of language as part of the Philosophical Investigations. It applies the account to show the significance of private language and of other major themes in the Investigations.
Silvestra Mariniello and Paul A. Bové
Gendered Agents, edited by Silvestra Mariniello and Paul A. Bove, presents essays by influential feminist theorists who challenge traditional Western epistemology and suggest new directions for feminism. By examining both literary and historical discourses, such critics as Gayatri Spivak, Hortense Spillers, and Lauren Berlant assess questions of sexuality, ethics, race, psychoanalysis, subjectivity, and identity.
Eli Friedlander
"At the heart of Eli Friedlander's interpretation is the internal relation between the logical and the ethical in the Tractatus, a relation that emerges in the work of drawing the limits of language. To show how the Tractatus, far from separating the ethical and the logical into distinct domains, instead brings out their essential affinity, Friedlander focuses on Wittgenstein's use of the term "form," particularly his characterization of the form of objects. In this reading, the concept of form points to a threefold distinction in the text among the problematics of facts, objects, and the world. Most important, it provides a key to understanding how Wittgenstein's work opens a perspective on the world through the recognition of the form of objects rather than through the grasping of facts - thus revealing the dimensions of subjectivity involved in having a world, or in assuming that form of experience apart from systematic logic.". "Bearing on the question of the divide between analytic and Continental philosophy, this interpretation views Wittgenstein's work as a possible mediation between these two central philosophical traditions of the modern age. It will be of interest not only to Wittgenstein scholars but to anyone concerned with twentieth-century philosophy."--BOOK JACKET.
John Sanders
Metaphors and other figurative language are crucial cognitive processes for producing meaning. Metaphors are more than a rhetorical device because we actually use them to reason about and make truth claims regarding topics such as salvation and God. This book applies an approach known as cognitive linguistics to explore how Christians determine meaning in biblical texts and theological positions. It shows why Christians often arrive at different legitimate understandings of the Bible and various doctrines.-- Back cover.