The Ontological Basis of Legal Hermeneutics: A Proposed Model of Inquiry Based on the Work of Gadamer, Habermas and Ricoeur

摘要

This paper provides a detailed account of Gadameru27s philosophical hermeneutics and its relationship to contemporary problems in legal theory. I first demonstrate that Gadameru27s approach charts a course between the inflated claims of critical legal studies and the subjectivism of the law and literature movement. I then interrogate the hermeneutical approach from the perspective of Habermasu27s critical theory. I conclude that Ricoeuru27s intervention in the Gadamer-Habermas debate helps significantly to draw out the critical elements of Gadameru27s work. I conclude by developing new model of legal practice and theory grounded in the textuality of law.