Hermeneutics of Law: From Ancients to Contemporaries

Author: Johann Michel
Publisher: Springer International
ISBN: 9783032186744
Published In: March 2026
Format: Hardback
Jurisdiction: Switzerland ? Disclaimer:
Countri(es) stated herein are used as reference only

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This edited volume covers the debates, discussions and controversies surrounding the foundations of legal hermeneutics, the question of methods and legal techniques of interpretation, and the conditions for a fair legal interpretation. Primary questions addressed in this work include:

Are there legal methods of interpretation more appropriate than others?
Can we do without any method of interpretation and leave complete freedom in the assessment of legal texts to the Judge?
Is legal interpretation solely an act of will of the Judge?

The substantial contributions are written by philosophers and jurists working in the history of legal hermeneutics: the Ancients (Juridico-Talmunic law, Roman law), the Middle-Ages (Roman-Canonical law), the Modern (Schleiermacher, Savigny, Ecole de l'Exégèse) and the contemporary era (Betti, Gadamer, Dworkin, Ricoeur, Fisch). The book is aimed at students and researchers working in philosophy and legal theory.

Talmudic law: a law of borderline cases

Hermeneutics of Roman Law: A Modern Perspective

Ancient sources, medieval interpretations:The role of legal texts in shaping medieval jurisprudence (12th-15th centuries)

The theory of interpretation in the Treatise on Roman Law by Friedrich Carl von Savigny

Law as regional hermeneutics and as special hermeneutics

Gadamer's Law Recht

Betti between Gadamer and Kelsen: From Interpretation as a Methodology to the Limit of Methodologism in Juridical Interpretation

The magical Triangle of Interpretation: Meaning, Concretisation, Motivating Opinion

Legal Hermeneutics: The Window of the Text as Transparent, Opaque, or Translucent

Postmodern Legal Hermeneutics: Ontology, Practice, Critique