Law, Interpretation and Reality

Essays in Epistemology, Hermeneutics and Jurisprudence

  • Patrick Nerhot

Part of the Law and Philosophy Library book series (LAPS, volume 11)

Table of contents

  1. Front Matter
    Pages i-vi
  2. Introduction

    1. Patrick Nerhot
      Pages 1-8
  3. The Law and Its Reality

    1. Front Matter
      Pages 9-9
    2. Legal Aspect of “Reality”

      1. William Wilson
        Pages 11-21
      2. Michel Troper
        Pages 22-37
      3. François Rigaux
        Pages 38-49
      4. Patrick Nerhot
        Pages 50-69
    3. Stating the Law

  4. Interpretation in Legal Science the Hypothesis of Narrative Coherence

    1. Front Matter
      Pages 125-125
    2. Patrick Nerhot
      Pages 193-225
    3. Zenon Bankowski
      Pages 226-250
    4. Giuseppe Zaccaria
      Pages 251-274
    5. Aleksander Peczenik
      Pages 275-309
    6. Bert C. van Roermund
      Pages 310-345
    7. Bernard S. Jackson
      Pages 379-401

About this book

Introduction

PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.

Keywords

Concept of Fact in Legal Science Fact and Law Hermeneutic Paradigm Hermeneutics Interpretation in Legal Science Legal Justification Legal Logic Linguistic Analysis Narrative Coherence Narrative Comprehension Ontology of Relations Rational Acceptability Rationality of Law interpretation semiotics

Editors and affiliations

  • Patrick Nerhot
    • 1
  1. 1.European University InstituteFlorenceItaly

Bibliographic information

  • DOI https://doi.org/10.1007/978-94-015-7875-2
  • Copyright Information Springer Science+Business Media B.V. 1990
  • Publisher Name Springer, Dordrecht
  • eBook Packages Springer Book Archive
  • Print ISBN 978-90-481-4061-9
  • Online ISBN 978-94-015-7875-2
  • Series Print ISSN 1572-4395
  • About this book