This chapter contains sections titled: The Varieties of Law and Literature Law and Fiction Hermeneutics Law as Narrative References.

Certainly one of the key German philosophers of the twentieth century, Hans-Georg Gadamer also influenced the study of literature, art, music, sacred and legal texts, and medicine. Indeed, while much attention has been focused on Gadamer's writings about ancient Greek and modern German philosophy, the relevance of his work for other disciplines is only now beginning to be properly considered and understood. In an effort to address this slant, this volume brings together many prominent scholars to assess, (...) re-evaluate, and question Hans-Georg Gadamer's works, as well as his place in intellectual history. The book includes a recent essay by Gadamer on "the task of hermeneutics," as well as essays by distinguished contributors including Jürgen Habermas, Richard Rorty, Gerald Bruns, Georgia Warnke, and many others. The contributors situate Gadamer's views in surprising ways and show that his writings speak to a range of contemporary debates—from constitutional questions to issues of modern art. A controversial final section attempts to uncover and clarify Gadamer's history in relation to National Socialism. More an investigation and questioning than a celebration of this venerable and profoundly influential philosopher, this collection will become a catalyst for any future rethinking of philosophical hermeneutics, as well as a significant starting place for rereading and reviewing Hans-Georg Gadamer. (shrink)

This essay discusses the most recent manifestations of the debate of the law and literature movement. The essay traces the evolution of the Law and Literature schools and identifies some of their adherents and conclusions, shows how these schools have influenced the conceptual development and teaching of American law, presents connections between the Critical Legal Studies and Law and Economics movements in the U.S., and raises questions about the Law and Literature movement.

Legal practice exemplifies the activity of hermeneutical understanding. This chapter explores the dynamic of legal interpretation by focusing on key topics in the philosophical literature. It considers Gadamer's critical distinction between a legal historian writing about a law in the past and a judge deciding a case according to the law. The chapter then reanimates the natural law tradition against the reductive characteristics of legal positivism, reconfiguring the debate by construing man's nature as hermeneutical. Finally, (...) it describes how philosophical hermeneutics grounds critical legal theory rather than serving as a quiescent acceptance of the status quo, drawing from the famous exchanges between Gadamer, Ricoeur, and Habermas. These topics provide a point of entry for demonstrating the exemplary status of legal practice for hermeneutical theory. These topics provide a point of entry for demonstrating the exemplary status of legal practice for hermeneutical theory. (shrink)

The proposed volumes are aimed at a multidisciplinary audience and seek to fill the gap between law, semiotics and visuality providing a comprehensive theoretical and analytical overview of legal visual semiotics. They seek to promote an interdisciplinary debate from law, semiotics and visuality bringing together the cumulative research traditions of these related areas as a prelude to identifying fertile avenues for research going forward. Advance Praise for Law, Culture and Visual Studies This diverse and exhilarating collection of essays explores (...) the many facets both historical and contemporary of visual culture in the law. It opens a window onto the substantive, jurisdictional, disciplinary and methodological diversity of current research. It is a cornucopia of materials that will enliven legal studies for those new to the field as well as for established scholars. It is a 'must read' that will leave you wondering about the validity of the long held obsession that reduces the law and legal studies to little more than a preoccupation with the word. Leslie J Moran Professor of Law, Birkbeck College, University of London Law, Culture and Visual Studies is a treasure trove of insights on the entwined roles of legality and visuality. From multiple interdisciplinary perspectives by scholars from around the world, these pieces reflect the fullness and complexities of our visual encounters with law and culture. From pictures to places to postage stamps, from forensics to film to folklore, this anthology is an exciting journey through the fertile field of law and visual culture as well as a testament that the field has come of age. Naomi Mezey, Professor of Law, Georgetown University Law Center, Washington, D.C., USA This highly interdisciplinary reference work brings together diverse fields including cultural studies, communication theory, rhetoric, law and film studies, legal and social history, visual and legal theory, in order to document the various historical, cultural, representational and theoretical links that bind together law and the visual. This book offers a breath-taking range of resources from both well-established and newer scholars who together cover the field of law's representation in, interrogation of, and dialogue with forms of visual rhetoric, practice, and discourse. Taken together this scholarship presents state of the art research into an important and developing dimension of contemporary legal and cultural inquiry. Above all, Law Culture and Visual Studies lays the groundwork for rethinking the nature of law in our densely visual culture: How are legal meanings produced, encoded, distributed, and decoded? What critical and hermeneutic skills, new or old, familiar or unfamiliar, will be needed? Topical, diverse, and enlivening, Law Culture and Visual Studies is a vital research tool and an urgent invitation to further critical thinking in the areas so well laid out in this collection. Desmond Manderson, Future Fellow, ANU College of Law / Research School of Humanities and the Arts, Australian National University, Australia. (shrink)

The exhibition is proposing a different reading of the legal text, reading against the grain of pre-conceived structures in order to re-chart the system of our relations with ourselves and with various communities; both territorial communities as well as those constructed ad hoc, based not on blood or territorial ties, but on shared values and beliefs. The exhibition raises the question of how the law literally produces us: both as individuals and as citizens, establishing a framework of our presence (...) in public space as well - its legality or illegality. It also questions the different meanings of a 'civil body', a 'legal thing', or a 'legal slave'. How do legal rituals and narratives influence and shape our existence? Exhibition: Neue Gesellschaft für bildende Kunst, Berlin, Germany (09.03. - 07.05.2017). (shrink)

No overall history of the philosophical dialogue has appeared since Rudolf Hirzel's two-volume study was published in 1895. In _The Philosophical Dialogue: A Poetics and a Hermeneutics_, Vittorio Hösle covers the development of the genre from its beginning with Plato to the late twentieth-century work of Iris Murdoch and Paul Feyerabend. Hösle presents a taxonomy and a doctrine of categories for the complex literary genre of the philosophical dialogue, focusing on the poetical laws that structure the genre, and develops (...) hermeneutical rules for its correct interpretation. Following an introduction that employs the categories of subjectivity and intersubjectivity to classify philosophy's modes of expression, Hösle's book is structured by the classical triad of the production, inner structure, and reception of the literary dialogue. To explain what is meant by "philosophical dialogue," Hösle first deals with the specific traits of philosophical dialogue in contrast to other literary forms of philosophy and its special status among them. Second, he distinguishes the philosophical dialogue as a literary genre from actual philosophical conversation, and as a philosophical literary genre from nonphilosophical literary dialogues. Finally, he takes up the connection between literary form and philosophical content in the philosophical dialogue. Numerous authors of dialogues are discussed, with a special focus on Plato, Cicero, Augustine, Hume, and Diderot. Originally published in Germany as _Der philosophische Dialog: Eine Poetik und Hermeneutik_, this book not only contributes to the philosophical discussion of dialogue but to a great extent defines it. This fine translation will prove useful to both philosophers and literary critics in the English-speaking world. "With its exceptionally clear and powerful argumentation, the book might become the defining work for the study of dialogue. Paraphrasing Kant, one could say that in philosophy mere theory without a history is empty, while history without a theory is blind. Yet in his work Hösle achieves a unique synthesis of historical perceptivity and systematic rigor. This book will be read for many years to come." —_Dmitri Nikulin, New School for Social Research_. (shrink)

Hermeneutics is the branch of knowledge that deals with interpretation, a behaviour that is intrinsic to our daily lives. As humans, we decipher the meaning of newspaper articles, books, legal matters, religious texts, political speeches, emails, and even dinner conversations every day. But how is knowledge mediated through these forms? What constitutes the process of interpretation? And how do we draw meaning from the world around us so that we might understand our position in it? In this Very (...) Short Introduction Jens Zimmermann traces the history of hermeneutic theory, setting out its key elements, and demonstrating how they can be applied to a broad range of disciplines: theology; literature; law; and natural and social sciences. Demonstrating the longstanding and wide-ranging necessity of interpretation, Zimmermann reveals its significance in our current social and political landscape. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable. (shrink)

This book is an original contribution to the field of law and literature. In addition to seeing law as a form of literature, it sees literature as a form of law, and examines the law-making qualities of fiction to explore the fiction-making qualities of law. Its examples range from Greek myth to contemporary writing, film and popular music, and suggest new ways of living with and entering the legal labyrinth. Aristodemou's style is both accessible and entertaining. (...) The book is aimed at undergraduates and postgraduates in law as well as other disciplines concerned with law and literature, jurisprudence, and other options addressing the intersections between law and culture. (shrink)

Um estudo sobre a relação entre literatura e religião tomando ambas como expressão de produtividade da interpretação no contexto da Modernidade. O artigo aborda os pressupostos filosóficos da relação entre história da salvação e história da interpretação, e suas consequências para a consciência histórico-cultural do Ocidente, tal como examinado por Gianni Vattimo. Segundo este, o legado do Cristianismo se atualiza na Modernidade tardia em termos de produtividade da interpretação, ampliando a noção de linguagem e discurso por suas implicações ontológicas e (...) epistemológicas. A partir desses argumentos, a relação entre literatura e religião se estreita, permitindo compreender ambas como formas de produção simbólica, narrativa e discursiva de interpretações poéticas e normativas da vida no mundo. Para compreendê-lo nesses termos, recorre-se a conceitos chaves da hermenêutica literária desenvolvida por Paul Ricoeur, com o qual temos categorias de análise, bem como uma compreensão hermenêutica do próprio evento do texto literário. Finalmente, o artigo conclui com apontamentos para o que seria uma hermenêutica teológica da literatura, nos termos da teologia da cultura de Paul Tillich. Palavras-chaves: Literatura. Religião. Interpretação. Hermenêutica Literária. Teologia da cultura.: This article presents a study on the relationship between literature and religion taking both as expression of the productivity of interpretation in the context of modernity. The article discusses the philosophical assumptions of the relationship between the salvation history and the history of interpretation and its implications for historical and cultural consciousness of the West, as seen by Gianni Vattimo. According this author, the legacy of Christianity is updated in late modernity in terms of productivity interpretation, expanding the notion of language and discourse for their ontological and epistemological implications. From these arguments on, the relationship between literature and religion becomes closer, allowing us to understand both literature and religion as forms of symbolic production: poetic and normative interpretations of life in the world. To understand it in those terms, key concepts of literary hermeneutics developed by Paul Ricoeur are evoked. These terms are used as categories of analysis to facilitate a hermeneutic understanding of the actual event of the literary text. Finally, the paper concludes with some considerations for a hermeneutics of theological literature, in terms of the theology of Paul Tillich culture. Keywords : Literature. Religion. Interpretation. Literary Hermeneutics. Theology of culture. - DOI: 10.5752/P.2175-5841.2012v10n25p29. (shrink)

Construed broadly as interpretation theory, hermeneutics could be understood to encompass all modes of interpretation (textual or otherwise), including any kind of literary criticism, from Aristotle's poetics to the New Criticism of the 1950s, as well as the French tradition of structuralism and even perhaps Derridean poststructural thought. Although Gadamer and Ricoeur both recognize the poetic work or, at least, lyric poetry, as belonging to a special class of literature, they do display somewhat different attitudes toward it. For (...) Gadamer, one of the hallmarks of the eminent text is its un‐translatability. That is, all literary works resist translation to one degree or another, but lyric poetry defies it altogether. In Part I of Truth and Method, Gadamer lays out the history of aesthetics and takes issue with the kind of “aesthetic consciousness” that takes the work of art as an object of study. (shrink)

Study is recently re-invoked as an alternative educational formation to disrupt the learning trap and trope. This paper calibrates study and learning as two hermeneutic principles and correlates them with seeing, hearing, and observing as three onto-epistemic modes that respectively underpin Greco-Christian, Rabbinic, and ancient Chinese exegetical traditions. Linking study and learning with the hermeneutic issues of language, text, meaning, and reality, my calibration unfolds in four steps. First, I introduce an epistemic aporia encountered in interpreting some (...) Chinese educational “wind” texts, exposing our naturalized reasoning of learning along a representational enclosure. Second, turning to Susan Handelman’s writing, I trace this learning-as-representation enclosure as being conditioned upon the Greco-Christian exegetical mode of seeing, meanwhile correlating study back with the Rabbinic hearing hermeneutic. Third, I move on to explicate an onto-cosmological Yijing observing, proffering a study hermeneutic as a movement of observing, following, and attuning to wendao, literally put, “a crisscrossing pattern that turns with dao.” Finally, I re-observe and study the crisscrossing Chinese educational “wind” texts, evoking a Chinese “wind-teaching” sensibility so far rarely discerned through representational thinking and learning. (shrink)

What is the cultural value of illegal works that violate the copyrights of popular fiction? Why do they persist despite clear and stringent intellectual property laws? Drawing on the disciplines of new media, law, and literary studies, Illegal Literature suggests that extralegal works such as fan fiction are critical to a system that spurs the evolution of culture. Reconsidering voices relegated to the cultural periphery, David S. Roh shows how infrastructure--in the form of legal policy and network distribution--slows (...) or accelerates the rate of change. He analyzes the relationship between intellectual property rights and American literature in two recent copyright disputes. And, in comparing American fan fiction and Japanese dojinshi, he illustrates how infrastructure and legal climates detract from or encourage fledgling creativity. Illegal Literature fills a crucial gap between the scholarly and the popular by closely examining several modes of marginalized cultural production. Roh makes the case for protecting an environment conducive to literary heresy, the articulation of an accretive rather than solitary authorial genius, and the idea that letting go rather than holding on is important to a generative creative process. In a media ecology inundated by unauthorized materials, Illegal Literature argues that the proliferation of unsanctioned texts may actually benefit literary and cultural development. (shrink)

Computers may help us to better understand (not just verify) arguments. In this article we defend this claim by showcasing the application of a new, computer-assisted interpretive method to an exemplary natural-language ar- gument with strong ties to metaphysics and religion: E. J. Lowe’s modern variant of St. Anselm’s ontological argument for the existence of God. Our new method, which we call computational hermeneutics, has been particularly conceived for use in interactive-automated proof assistants. It aims at shedding light on (...) the meanings of words and sentences by framing their inferential role in a given argument. By employing automated theorem reasoning technology within interactive proof assistants, we are able to drastically reduce (by several orders of magnitude) the time needed to test the logical validity of an argu- ment’s formalization. As a result, a new approach to logical analysis, inspired by Donald Davidson’s account of radical interpretation, has been enabled. In computational hermeneutics, the utilization of automated reasoning tools ef- fectively boosts our capacity to expose the assumptions we indirectly commit ourselves to every time we engage in rational argumentation and it fosters the explicitation and revision of our concepts and commitments. (shrink)

An educated healthcare professional or student is sensitive and able to make good judgements, understanding existential challenging issues. It is argued that the ideas within phenomenology and hermeneutics can function as a basis for comprehension. This article focuses on how choice of perspective and knowledge is of importance to what we do in practice. However, education does not consist of mere accumulation of knowledge and ways of explanation. We do not become competent practitioners by being able to reproduce philosophical (...) ideas. These are merely perspectives by means of which we can seek to go beyond what we take for granted, or what we assume to know, thus enabling us to take a new direction understanding problems and issues that until now may have been hidden to us. In other words, understanding is of an existential character, whereas an observing healthcare professional must be aware and open to the mental aspects of life. It is therefore important to attune ourselves to being sensitive to and aware of experiences from our lifeworld, understanding what they imply. It is argued that literature provides insight into human nature through the written depiction of real or imagined experiences. To develop such narrative imagination, it is suggested that literature should be part of the curriculum of various educations. This is relevant to healthcare professionals who thereby can get an important insight into human nature and begin to develop the self‐awareness and sensitivity to others that is so central to care. (shrink)

This collection brings together eighteen of the author's original papers, previously published in a variety of academic journals and edited collections over the last three decades, on the process of interpretation in literature and the visual arts in one comprehensive volume. The volume highlights the centrality of artistic texts to the study of multimodality, organized into six sections each representing a different modality or semiotic system, including literature, television, film, painting, sculpture, and architecture. A new introduction lays (...) the foundation for the theoretically based method of analysis running through each of the chapters, one that emphasizes the interplay of textual details and larger thematic purposes to create an open-ended and continuous approach to the interpretation of artistic texts, otherwise known as the "hermeneutic spiral". Showcasing Michael O'Toole's extensive contributions to the field of multimodality and in his research on interpretation in literature and the visual arts, this book is essential reading for students and scholars in multimodality, visual arts, art history, film studies, and comparative literature. (shrink)

"This is a remarkable book: wide-ranging, resonant, and well-written; it is also reflective and personable, warm and engaging." —Philosophy and Literature "With this book Caputo takes his place firmly as the foremost American, continental post-modernist... " —International Philosophical Quarterly "One cannot but be impressed by the scope of Radical Hermeneutics." —Man and World "Caputo’s study is stunning in its scope and scholarship." —Robert E. Lauder, St. John’s University, The Thomist For John D. Caputo, hermeneutics means radical (...) thinking without transcendental justification: attending to the ruptures and irregularities in existence before the metaphysics of presence has a chance to smooth them over. Radical Hermeneutics forges a closer collaboration between hermeneutics and deconstruction than has previously been attempted. (shrink)

Cognitive science can help literary scholars formulate specific questions to be answered by archival research. This essay takes, as its starting point, embedded mental states (that is, mental states about mental states) and their role in generating literary subjectivity. It then follows the transformation of embedded mental states throughout several manuscripts of Christa Wolf’s autobiographical novel, Patterns of Childhood (Kindheitsmuster, 1976), available at the Berlin Academy of Arts. The author shows that later versions of Patterns of Childhood have more complex (...) embedments in the chapter describing the adolescent protagonist’s relationship with her schoolteacher. This textual development is integral to the process whereby the presumably authentic memories of the past are constructed to fit the present needs of the person who is doing the remembering. Accompanying the three case studies of the manuscript revision is a discussion of theoretical and practical implications of this “cognitive-archival” approach to literature. (shrink)

Comments presented at the 35th International Seminar on the -- New Institutional Economics -- Empirical Methods for the Law; Syracuse, 2018.

No overall history of the philosophical dialogue has appeared since Rudolf Hirzel's two-volume study was published in 1895. In The Philosophical Dialogue: A Poetics and a Hermeneutics, Vittorio Hösle covers the development of the genre from its beginning with Plato to the late twentieth-century work of Iris Murdoch and Paul Feyerabend. Hösle presents a taxonomy and a doctrine of categories for the complex literary genre of the philosophical dialogue, focusing on the poetical laws that structure the genre, and (...) develops hermeneutical rules for its correct interpretation. Following an introduction that employs the categories of subjectivity and intersubjectivity to classify philosophy's modes of expression, Hösle's book is structured by the classical triad of the production, inner structure, and reception of the literary dialogue. To explain what is meant by "philosophical dialogue," Hösle first deals with the specific traits of philosophical dialogue in contrast to other literary forms of philosophy and its special status among them. Second, he distinguishes the philosophical dialogue as a literary genre from actual philosophical conversation, and as a philosophical literary genre from nonphilosophical literary dialogues. Finally, he takes up the connection between literary form and philosophical content in the philosophical dialogue. Numerous authors of dialogues are discussed, with a special focus on Plato, Cicero, Augustine, Hume, and Diderot. Originally published in Germany as Der philosophische Dialog: Eine Poetik und Hermeneutik, this book not only contributes to the philosophical discussion of dialogue but to a great extent defines it. This fine translation will prove useful to both philosophers and literary critics in the English-speaking world. "With its exceptionally clear and powerful argumentation, the book might become the defining work for the study of dialogue. Paraphrasing Kant, one could say that in philosophy mere theory without a history is empty, while history without a theory is blind. Yet in his work Hösle achieves a unique synthesis of historical perceptivity and systematic rigor. This book will be read for many years to come." —Dmitri Nikulin, New School for Social Research. (shrink)

Hermeneutics and narration: a way to deal with qualitative data This article focuses a hermeneutic approach on the interpretation of narratives. It is based on the French philosopher Paul Ricoeur's theory of interpretation but modified and used within a caring science paradigm. The article begins with a presentation of the theoretical underpinnings of hermeneutic philosophy and narration, as well as Ricoeur's theory of interpretation, before going on to describe the interpretation process as modified by the authors. The interpretation process, (...) which consists of several stages, is exemplified and discussed using a single case from a larger study on suffering. The results of that study indicate that the struggle of suffering is perceived as a struggle formed between shame and dignity, and that nurses must engage in the process of preserving and restoring the dignity of their suffering patients. The authors suggest that Ricoeur's theory of interpretation is useful when trying to understand narrative data if the researcher realises that the process of distanciation, although central in Ricoeur's thinking, is not the goal of the process but rather a means to deal with the researcher's pre‐understandings. According to Ricoeur, distanciation is accomplished by putting the context aside and dealing with the text ‘as text’ and thereby explaining its meaning. Explanation thus becomes the dialectic counterpart to understanding in the interpretation process. The researchers further argue that distanciation must be followed by reflection, where the interpretations are linked back to the empirical context. (shrink)

The Greek god Hermes, the messenger and god of thieves, the giver of laws and the alphabet, is a key figure for thinking about the relationship between hermeneutics and rhetoric. The philosophers have been able to cloak their distaste for people in general, evident most tellingly in Plato's allegory of the cave. On more familiar rhetorical territory, Nancy Worman in Abusive Mouths in Classical Athens reminds Aristotle's distaste for audiences. The ancient rhetoricians recognized the importance of appearances, and for (...) obvious reasons emphasized in their treatises that they wanted orators to be virtuous and morally upright people. In most kinds of legal and scriptural interpretation, authors build cases from precedent. As a way to capture the salient features of this intersection of hermeneutics and rhetoric, the reader could conjure up the differences in biblical hermeneutics between Moses Maimonides (1135–1204) and Baruch Spinoza (1632–1677). (shrink)

This paper is concerned with Maurice Merleau-Ponty’s contribution to the hermeneutical theory of expressive meaning that has been developed on the basis of an ongoing dialogue with traditional phenomenology. The early portion of the paper examines the unstable boundaries between expression and indication as a key to a new approach to expressive meaning. The paper then takes up Merleau-Ponty’s understanding of expressive life as it emerges in ‘Phenomenology of Perception,’ his first attempt to discuss perception, aesthetics, and temporality in comprehensive (...) terms. The third part of the paper examines Merleau-Ponty’s return to the paintings of Paul Cezanne, which not only clarifies his earlier position but also deepens the philosophical meaning of his reflections on language. My final comments are concerned with how phenomenology can be broadened in a way that can become responsive to the hermeneutical theory of expressive meaning. (shrink)

Sri Lanka completed eloquent pull Dage described the love of wisdom is a holistic, practical way of life, which of course requires an abstract, theoretical science of meditation, more importantly, it also contains many religious practices is legal, such as flexible do not rot the soul, bitter conduct regular ring legal, social and political reform program, sustained ethics reflection, body control, dietary rules and taboos. However, this Pythagorean philosophy as a better life to all the light and fade (...) away In order to view at any time. The original philosophy of travel to another utterly abnormal interest in the pilgrimage of the way, that is abstract, a clear knowledge and commitment of this knowledge by the certainty of pursuit. "Knowledge" and "real management" into the vocabulary of philosophy In order systems, "smart" In order to become a college corridor in the West has been seriously neglected under the words. With the flow of time driving on the theory and psychiatric abstract admiration, which means practical wisdom, rhetoric and aesthetics into a whole都In order to two yuan regardless. Philosophy - the "love of wisdom" - in all intent and purposes都becomes In order to philo-episteme-"love of knowledge certainty." Started with the ancient Chinese culture, hope臘different. It is rooted in Confucianism, "the next school on up," the admonition of Chinese philosophy from the initial thinking on the road from the daily behavior persist in the pursuit of wisdom, relationships conducted by the "self" as the meaning of things by the event source. Everyone from family, community, political relations, to obtain a unique perspective, they participate in the growth of sperm heart and minds of thinking, their family and community relationships to adjust to a clearer, more meaningful position. Personal self-cultivation increased by the universe meaning, and meaning of the universe has increased over the coming anti-In order for individuals to provide a self fertile soil. For the eloquent Pythagoras, the holistic way of life he described as philosophia-"the love of wisdom"-while entailing the contemplation of abstract, theoretical science, involved much more importantly religious practices based upon the immortality of the soul, ascetic observances, a program of social and political reform, ethical reflection, a physical regimen, and even dietary prescriptions and prohibitions. But this conception of philosophy as a holistic vision of the good life faded in time, and gave way to the search for apodictic knowledge and its promise of certainty. "Knowledge" and "truth" became the vocabulary of systematic philosophy, and "wisdom" was banished from conversation in the corridors of the Western academy. The worship of the theoretically and spiritually abstract meant that in the fullness of time practical wisdom , rhetoric, and the aesthetic were relegated to the down side of a prevailing dualism. The Chinese cultural narrative unfolded differently. Grounded in the Confucian exhortation-"Study what is near at hand and aspire to what is lofty the next school on the up"-the Chinese philosophical narrative has from earliest times sustained a commitment to the pursuit of wisdom by understanding personal cultivation as the ultimate source of an emergent cosmic meaning. It is the revolution currently taking place within the Western philosophical community as an attempt to reinstate wisdom that provides an opening and an invitation to take Chinese philosophy and culture more seriously. An internal critique continues to be waged within professional Western philosophy under the many banners of process philosophy, hermeneutics, post-modernism, neo-pragmatism, neo-Marxism, deconstructionism, feminist philosophy , and so on, that takes as a shared target what Robert Solomon has called "the transcendental pretense"-idealism, objectivism, logocentrism, essentialism, the master narrative, "the myth of the given"-the familiar reductionistic "isms" that have emerged as putatively novel choices as philosophers switch horses on the merry-go-round of systematic philosophy. In place of a Cartesian philosophical language that privileges the function of clear and distinct ideas in our quest for an objective certainty, vocabularies of process, change, and indeed productive vagueness have increasingly come into vogue. These recent developments in Anglo-European philosophy itself have begun to foreground interpretative vocabularies more relevant to the articulation of Chinese culture. In this essay, I will argue that the pragmatic theory of truth as expounded by William James and particularly John Dewey is an attempt to reauthorize "wisdom" as a philosophical goal in the Western philosophical narrative. This development opens a space for a conversation between Deweyan pragmatism and Confucianism on how best to achieve it. (shrink)

This paper examines the difference between everyday speech and the poetic. What are the implications for understanding of introducing this literary shift to the mode of being of the text? In what sense does literature become a privileged object of study for philosophical hermeneutics? These questions are engaged with by focusing on a passage from Truth and Method, where Gadamer maintains that the artwork «like any other text […] requires understanding». We will throughout the paper suggest different (...) ways of understanding this statement. Our focus upon this passage is occasioned by a seeming discrepancy between Truth and Method and Gadamer’s later essays on literature. Whereas he, in the former, argues for a wide notion of literature; he, in the latter, testifies to a crucial difference between literature and writing, arguing for a narrow notion of literature. (shrink)

Interpretation of the law is based on assumptions about the nature of texts, language, and the act of interpretation itself. These fourteen new essays trace the origin of these assumptions, examine their philosophical implications, and extend legal interpretation in new and constructive directions.

In Cultural Hermeneutics, Mario J. Valdés offers a synthesis of the hermeneutic philosophies of Miguel de Unamuno and Paul Ricoeur, a dialectical method that has formed the basis for many of Valdés' own studies in comparative literature. As Valdés explains in these insightful essays, what Unamuno and Ricoeur shared in their hermeneutic studies was a theory of interpretation in which the meaning of a work of art comes into existence through the dialectical relationship between its creator and its (...) readers, listeners, or viewers. Contextualizing this hermeneutic concept as it appears in the works of both philosophers, Cultural Hermeneutics presents the basis for a profound understanding of the arts. (shrink)

This article turns to the relationship between style and gesture in the German-language pop novel. While unsuccessful gestures are often seen as a subversion of social conventions condensed in literary style, an author like Leif Randt consciously adjusts style and gesture to cultural expectations. Since he at the same time insulates his own writing from extra-literary appropriations of literature, style and gesture in his novels become prominent representatifs of aesthetic autonomy.

ABSTRACT This article reappraises some aspects of Alexander Nehamas's Nietzsche: Life as Literature. It recognizes as strengths of the book Nehamas's emphasis on Nietzsche's mode of writing and his idea that unified selfhood is an exceptional state that is achieved rather than given. However, it takes issue with the claim that Nietzsche holds a superessentialist view of the self. That view is not clearly supported by textual evidence, does not follow from Nietzsche's regarding the self as simply a sequence (...) of experiences and actions, and is not required in order to explain the “all-or-nothing” requirement of the eternal recurrence. The article argues further that unified selfhood cannot be accounted for solely on the model of literary character, given what is now generally recognized as Nietzsche's naturalistic psychology of drives. However, the Nietzschean self need not be viewed as immutable and is amenable to the influence of culture and consciousness in ways that may encourage a positive account of becoming a unified self. (shrink)

How best to introduce philosophical ideas? Is the best and only way by studying the history of philosophy and its rational arguments and discussions? But can literature, usually hived off from philosophy, be used instead and can this be as effective as rational argument? This paper explores these questions. First it considers a text which introduces philosophy through the analysis of literature, in particular James Joyce's 'Araby', arguing that the traditional analytic approach employed by the text, by concentrating (...) on epistemology, obscures other philosophical insights offered by Joyce. It then turns to French philosophy and literature and suggests that Sartre, Beauvoir and Camus by 'blurring' the analytic distinction between philosophy and literature have much to offer to the grasping and understanding of philosophical ideas and principles. (shrink)

It is one thing to read about the methodology and methods of Heideggerian hermeneutic phenomenological research, the ontic description. It is quite another thing to be faced with an interview transcript. This article draws on a study that asked doctoral students about their experience of doing such research. How did they become “phenomenological/hermeneutic” in their thinking and writing? What helped them to find their way? We offer this article as a means of letting others learn from our own experiences. (...) We support our insights with the writings of Heidegger and Gadamer to show the methodological congruence that is essential to Heideggerian phenomenological hermeneutic research. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Kennedy Institute of Ethics Journal 10.2 (2000) 175-188 [Access article in PDF] Scope Note 38 Bioethics Resources on the Web * Once described as an "enormous used book store with volumes stacked on shelves and tables and overflowing onto the floor" (Pool, Robert. 1994. Turning an Info-Glut into a Library. Science 266 (7 October): 20-22, p. 20), Internet resources now receive numerous levels of organization, from basic directory listings (...) to elaborate "links" (cross-references to other Internet documents) that flash and glow in the dark. In many ways, the Internet functions as a direct extension of the traditional library. Following linked references across various sites is an electronic version of browsing library stacks, and the serendipitous discoveries made while "surfing the Net" recall the wonders of physically going "book-to-book." Although many of the Internet's best aspects augment library strengths by eliminating physical distance from sources, Net resources pose unique problems for researchers. It is not always clear who is responsible for the content of Web documents, when the document was produced, or how often (if ever) it is updated. Internet resource tools, then, must enable researchers to identify appropriate resources and to evaluate what they find when they get there. Web Research as Taking "Snapshots" Given the Internet's visual nature and fluid content, the process of conducting research on the Web has been likened to taking an informal picture of information on a specific date at a particular time. This metaphor also conveys the "zoom-in" aspect of searching through Web pages by going from general to specific categories. In the first section of this Scope Note, National Reference Center for Bioethics Literature (NRCBL) staff present a snapshot of bioethics resources taken during the spring months of 2000. Entries are divided into the categories of directories, electronic journals, full-text documents, news/current awareness, and teaching resources. In the two subsequent sections, this series of categories is repeated for entries on a specific topic within bioethics-genetics-and again for general search and evaluation tools. Where a Web site may contain pages applicable [End Page 175] to more than one category, multiple entries are made for that site with appropriate information for each category.Much as telecommunication advances have strengthened the relationship of patients and providers as partners, the dynamic nature of the Internet acknowledges that the researcher functions as a librarian whenever accessing the Web. It is our hope that BIOETHICSLINE and the other NRCBL databases not only will enable researchers to search the Web more efficiently, but also will help them to evaluate what they find when they get there. Bioethicsline on the Web: An International Plan in Progress Once only available through libraries, the U.S. National Library of Medicine (NLM), the funding agency for the ongoing development of the BIOETHICS LINE® database from the Kennedy Institute, has provided free Web access to that database of 63,000 citations since September 1998 through Internet Grateful Med. Plans are now underway to eliminate such specialty databases and incorporate all citations into PubMed (for journal articles) or LOCATORplus (for book-like materials and chapters in books). Both of these databases are likewise available at no cost on the Web. In the transition to PubMed and LOCATORplus some features of BIOETHICSLINE that presently are available may be lost. Researchers are encouraged to contact the National Reference Center for Bioethics Literature with search requests or for search strategy assistance with either the current or the future system (medethx@georgetown.edu).The inclusion of bioethics citations in PubMed and LOCATORplus will have several advantages. First, unique keywords from the Bioethics Thesaurus will be considered for inclusion in Medical Subject Headings (MeSH), the indexing vocabulary for PubMed and LOCATORplus, thereby enhancing retrieval of relevant clinical literature by offering more precise terminology covering ethical issues. Second, it will be easier to identify foreign-language materials, which are not currently included in the scope of BIOETHICSLINE. Third, the updating schedule will become more frequent. On the other hand, there may be some loss of searching precision because certain specialized features... (shrink)

This book uses literary examples makes the case for understanding law and the legal system through the lens of philosophical pragmatism. For pragmatists, experience is everything; and they argue against understanding the world through any abstraction, maintaining that it is simply too complicated to fit into categories or theories. Legal pragmatism is the application of this philosophy to the making of law, the practice of law, and the practice of judging. This book maintains that the best way to (...) understand legal pragmatism is not through bare theoretical exegesis but through literature; that is, through stories that cast light on various pragmatic aspects of law. Engaging a range of literary sources, including works by Seamus Heaney, Hilary Mantel, Harper Lee and Ian McEwan, the book makes a compelling case for the contemporary relevance of pragmatism. This book will appeal to legal theorists, law and literature/humanities scholars; readers of literary criticism; and those with interests in pragmatist philosophy. (shrink)

Despite the increase in global research on health inequalities, more needs to be done to strengthen efforts to inform local interventions. In this article, we ask what determines the local capacity to engage in research on health inequalities. A bibliometric analysis identified Spain as the 10th highest global contributor to this research field (1966–2015), yet a significant proportion of this production was affiliated to just a few institutions in Barcelona. How and why has the city produced so much health inequalities (...) research over four decades? A realist explanatory case study was conducted to test and refine six causal mechanisms, and identify the contextual conditions that might have activated them to generate this outcome. Data was triangulated from 10 semi-structured interviews, and scientific and grey literature. Our findings confirmed that several of our proposed mechanisms - functioning under certain conditions over time - explain the large volume of health inequalities research in Barcelona. Based on these findings, key lessons from the city's experience are suggested. Further research is needed on this topic. (shrink)

Children are the great omission in theology. The objective of the article is to show that there is a growing realisation of this reality. More than that, there are attempts afoot to salvage the situation by factoring children more and more into theological writing, not in an objectified manner, but as serious agents of theology and, in the case of this article, as agents of mission. A few examples to this effect are shown in the article. The main thrust of (...) the study, however, is to raise the hypothetical question of whether children have not become an important and indispensable theological hermeneutic themselves. The serious question is raised of whether children if, taken seriously in church and theology are not forcing a new epistemological break or a new way of believing and of theologising on the world of mission. A somewhat tentative and hypothetical conclusion is arrived at, which suggests that indeed there is a new rupture occurring in terms of how we know what we know in church and theology. (shrink)

The increasing interest in Hegel among legal scholars can be attributed to three recent developments. First, there is a slow but sure historicist turn in legal studies that is unsettling legal formalists and positivists. This turn—initiated by legal realists decades ago and deepened by the Critical Legal Studies movement in our own time—radically calls into question objectivist claims about procedure, due process, and the liberal view of law. Second, there are a growing number of serious (...) reexaminations of the basic assumptions and fundamental presuppositions of dominant forms of liberalism not only among critics but also by many prominent liberal thinkers themselves. These reexaminations take the form of immanent critiques of liberalism as well as creative revisions of liberalism. Third, a new emerging subject matter has seized the imagination of some legal theorists: the complex cultures of liberal societies (including the subcultures of the liberal legal academy). For the first time in American legal studies, the crucial roles of race and especially gender are receiving wide attention as legitimate spheres of legal inquiry into what constitutes the ways of life that circumscribe the operations of power in the legal systems of liberal societies. (shrink)

Taking as its point of departure certain necessary distinctions to be drawn regarding the concept of Geistesgeschichte – a concept by no means reducible to the early 20th-century school of literary-historical research –, this contribution calls to mind some enduring tasks of our discipline. The role played by the epistemic tools of conceptual history in the fulfillment of those tasks is exemplified and discussed with regard to a normatively rich concept of understanding as the final goal of literary studies.

Following Ricoeur and referring to some contemporary phenomenological studies I demonstrate—perhaps differently than others do—that Husserl’s phenomenological undertaking has also hermeneutic aspects. With Husserl, we are in a meaningful world which reveals its sense in intentional acts. The interpretation of senses can be treated as experiencing them. In particular, I examine the peculiar hermeneutics of affectiveness and sensation, i.e. the hermeneutics that is broadly understood as a project of demonstrating the origin of meaning. This project reaches the difference (...) founding all the articulations of meaning rather than some aprioric basis of understanding. The difference is a source that flows in experience of sense, even in their mature culturally articulatedforms, which are, however, forever permeated by sensation and the affective. (shrink)

Ancient Near Eastern (ANE) texts should be interpreted against the background of the magico-mythical cosmology of their time, and the Bible is no exception. Earlier scholars were, however, hesitant to recognise this reality as a result of disagreement over how to define myths and because of the problematic idealistic framework that they followed. This framework viewed biblical religion as superior to other ANE religions and thus devoid of myths and the belief in magic. It is, however, argued that the Bible (...) contains both myths and a belief in magic and shares the overarching ANE cosmology. The incompatibility of the scientific cosmology and the magico-mythical cosmology of the ANE causes special problems for modern readers. To prevent modern readers from habitually falling back on their scientific cosmology, and thereby misinterpreting the Bible, it is suggested that a cosmological approach should form the basic framework for all biblical hermeneutics. (shrink)

"To explain more is to understand better". This is the mantra by which French philosopher Paul Ricoeur lived and worked, establishing himself as one of the twentieth century's most lucid and broad-ranging critical thinkers. A prisoner of war at 27, Ricoeur was also Dean of Paris X Nanterre during the student disturbances of 1968. In later years he became an outspoken champion of social justice. In work as in life, Ricoeur was committed to the challenges of conflict and the prospect (...) of authentic resolution. Deeply indebted to phenomenology and the hermeneutical tradition of Heidegger and Gadamer, Ricoeur was also an advocate of structural linguistics, of psychoanalysis, and a rare conversant with the Anglo-American analytic tradition. This volume explores how literature and the conflicts of literary-theoretical debate inform Ricoeur's theory of imagination and understanding, and how Ricoeur's unique mode of literary reflection resolves the conflicts of literature's theoretical heyday, presaging a new direction for literary studies. (shrink)

The Doppelgänger or Double presents literature as the “double” of philosophy. There are historical reasons for this. The genesis of the Doppelgänger is literature’s response to the philosophical focus on subjectivity. The Doppelgänger was coined by the German author Jean Paul in 1796 as a critique of Idealism’s assertion of subjective autonomy, individuality and human agency. This critique prefigures post-War extrapolations of the subject as decentred. From this perspective, the Doppelgänger has a “family resemblance” to current conceptualizations of (...) subjectivity. It becomes the emblematic subject of modernity. This is the first significant study on the Doppelgänger’s influence on philosophical thought. The Doppelgänger emerges as a hidden and unexplored element both in conceptions of subjectivity and in philosophy’s relation to literature. Vardoulakis demonstrates this by employing the Doppelgänger to read literature philosophically and to read philosophy as literature. The Doppelgänger then appears instrumental in the self-conception of both literature and philosophy. (shrink)

Today, there is an emerging interest for the potential role of hermeneutics in reflecting on the practices related to digital technologies and their consequences. Nonetheless, such an interest has neither given rise to a unitary approach nor to a shared debate. The primary goal of this paper is to map and synthetize the different existing perspectives to pave the way for an open discussion on the topic. The article is developed in two steps. In the first section, the authors (...) analyze digital hermeneutics “in theory” by confronting and systematizing the existing literature. In particular, they stress three main distinctions among the approaches: between “methodological” and “ontological” digital hermeneutics; between data- and text-oriented digital hermeneutics; and between “quantitative” and “qualitative” credos in digital hermeneutics. In the second section, they consider digital hermeneutics “in action”, by critically analyzing the uses of digital data for studying a classical object such as the political opinion. In the conclusion, we will pave the way to an ontological turn in digital hermeneutics. Most of this article is devoted to the methodological issue of interpreting with digital machines. The main task of an ontological digital hermeneutics would consist instead in wondering if it is legitimate, and eventually to which extent, to speak of digital technologies, or at least of some of them, as interpretational machines. (shrink)

Through a detailed study of Herder's Enlightenment thought, especially his philosophy of literature, Kristin Gjesdal offers a new and sometimes provocative reading of the historical origins and contemporary challenges of modern hermeneutics. She shows that hermeneutic philosophy grew out of a historical, anthropological, and poetic discourse in the mid-eighteenth century and argues that, as such, it represents a rich, stimulating, and relevant engagement with the potentials and limits of human meaning and understanding. Gjesdal's study broadens our (...) conception of hermeneutic philosophy - the issues it raises and the answers it offers - and underlines the importance of Herder's contribution to the development of this discipline. Her book will be highly valuable for students and scholars of eighteenth-century thought, especially those working in the fields of hermeneutics, aesthetics, and European philosophy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hermeneutical Injustice and Best PracticeAlasdair Coles, PhD, MRCP (bio)To a doctor who routinely sees people with psychosis and neurological conditions causing strange experiences, José Porcher’s paper is challenging and troubling.Challenging, because the accusation of hermeneutical injustice is accurate. In the hurly burly of the emergency department or a government outpatient clinic, doctors resort to reductionism, for the sake of urgent efficiency. A person becomes a “case of psychosis” and (...) the immediate questions are: “Should they be admitted? Are they fit to make their own decisions? What medication should we prescribe?” In that context, spending time on analyzing the contents of the delusions, and acknowledging their meaning to the individual, is a luxury. Most doctors, burnt out by COVID and struggling to get people basic healthcare, will probably be unconcerned about hermeneutical injustice. But, disdain for the experience of psychosis leads to loss of trust between patient and doctor, as nicely illustrated by Heriot-Maitland, Knight, and Peters’ first patient. One consequence is that patients withhold information they imagine will not be well received by the medical profession. In my experience, of studying the rare entity of people with epilepsy that causes pleasurable or even religious experience, the patients have usually not discussed this with their doctor (Coles & Collicut, 2019) A tangible medical consequence is that their doctors are not aware of the risk of non-compliance with anticonvulsant drugs, so that they are at risk of serial seizures or even sudden death.Porcher’s uncritical appreciation of the Avraham case worries me. Although one of the two therapists is described as “particularly well-versed in Jewish custom and lore” (Bilu et al., 1990), they are not believers. Yet, they take on priestly roles. For instance, after identifying Avraham’s “the Black” as a demon (“which the patient did not belie” [Bilu et al., p. 110]), they prescribe incantations based on Jewish exorcism rites. And, once Avraham was better, he and his wife attributed his “miraculous cure” to the therapists who they regarded as “pious and pure hearted” (Bilu et al., p. 116). Not only are Avraham’s secular therapists being disingenuous, it is dangerous for seculars to appropriate religious language, concepts, and customs. In particular, clumsy use of exorcism rituals can lead to long-term spiritual distress. Those ministers of religion who practice deliverance [exorcism] are highly trained, not least to respect the importance of asking for psychiatric [End Page 239] help. It is unwise not to return the professional favor. Avraham’s therapists should have called in a Jewish minister, trained in clinical pastoral care, to assist them.Key issues are raised by Porcher’s analysis of the Femi case. Femi presented with a psychosis that included religious content. This is common (Sofou et al., 2021): religious imagery is present in 5% to 50% of cases of psychosis, assessed by repeated studies across multiple cultures. The medical team concluded Femi had a psychosis, because his symptoms caused him harm (social isolation, absence from work). Porcher rightly condemns Femi’s therapists because they undermined his dignity, by invalidating his experience of God. And Porcher goes on to state the “both–and” view, that something can be psychopathology and a religious experience. So far so good. But what Porcher does not allow is that some people experience psychoses with very harmful and dark religious imagery, invalidation of which is therapeutic. So, when Porcher asks “what could ever justify someone in the judgment that someone’s religious experiences are illegitimate?” the answer is: compassion. Schizophrenia is not fun. And the disease causes hallucinations that have no relation to reality; to the person I saw recently who believed her clothes were eating her, how helpful would it be to validate the nonsense of clothes with teeth? It follows that some religious delusions may be just that. And people are helped by knowing that. That is the reality of care of the deluded patient. For those therapists who just assume all religious content is inauthentic, Porcher’s article stands as a useful corrective. But assuming the opposite may be as harmful or more. There has to be judgement somewhere along the line. Best practice is that this is done... (shrink)

This paper presents the story of an isiXhosa traditional healer, Nomzi Hlathi, as told to the first author. Nomzi was asked about how she came to be an igqirha and the narrative focuses on those aspects of her life story that she understood as relevant to that developmental process. The material was obtained from a series of semi-structured interviews with Nomzi, with some collateral from her cousin, and synthesised into a chronological narrative presented in Nomzi’s own words. The aim of (...) the study was to examine her account of her unfolding experience within three hermeneutic frames. The first is the isiXhosa traditional account of what it is to become an igqirha, a process initiated by intwaso, an illness understood to be a call from the ancestors, and guided by messages from the ancestors in dreams and other symbolic communications. The second is the perspective of Western Clinical Psychology on the cognitive, emotional and behavioural disturbances that characterise intwaso. The third is the perspective of transpersonal psychology on the nature and development of shamanic healing gifts, as understood from observations of such practices in traditional societies across the world. As the narrative of Nomzi’s story is quite long, this paper presents her narrative as well as the methodology which gave rise to it. The interpretative review of the material from each of the three perspectives is presented in a second paper. (shrink)

J. L. Austin's claim that language ‘used not seriously’ is ‘parasitic’ upon ‘normal use’ has proved a puzzle to literary scholars, who have often taken this to mean that they are not allowed to apply the insights of speech-act theory to their own object of research. This article explores how, when read together, Michel Serres’ definition of the parasite as a ‘thermal exciter’ and Deleuze's concept of ‘minor literature’ bring out the hidden potential inherent in Austin's claim. More specifically, (...) the article argues that Austin's reference to literature as a parasitic entity might become a promising conceptual gift, allowing us to generate a new model for approaching the world-shaping potential of literary texts. (shrink)

I am, by profession, a “literary scholar”, in contrast to “scientists”. More precisely, I am a specialist in ancient Greek literature. Yet, in an age such as ours in which so often there is discussion of the standing of the various academic disciplines, of the differences implied by their methods and their needs, and of the means for making them work together, it seems to me more and more that very serious confusion is tending to becloud some essential definitions: (...) that of the study of literature in general, but even prior to that, the very definition of literature itself. It is very important to reach some understanding if we hope to avoid losing the richness of research and the very vitality of culture in the broadest sense of the term. (shrink)

The nine responses to my focus article ‘Re-constructing Babel: Discourse analysis, hermeneutics and the Interpretive Arc’ are cross-disciplinary, as is the article itself. They come from discourse studies, cognitive science, Old Testament studies, hermeneutics, history and literature. I identify and address five main issues which I see these responses raising for discourse interpretation: the role of author intent and the original sociocultural context in interpretation; principles of translation, particularly in relation to the Babel story; issues of certainty (...) and subjectivism in interpretation, again including the Babel story; the role and limitations of cognitive approaches, and the potential of images like ‘unfolding the matter of the text’ to be realized in teaching hands-on discourse work; and finally a call to new listening in the encounter with hermeneutics, as a route to freshening the field I like to call Discourse Interpretation. (shrink)