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Belief and Interpretation: Meditations on Pelikan's 'Interpreting the Bible and the Constitution'


Francis Joseph Mootz III


University of the Pacific - McGeorge School of Law


Journal of Law and Religion, 2006

Abstract:     
Jaroslav Pelikan's recently published collection of essays considers the similarities between biblical and legal hermeneutics. Although Pelikan offers an erudite and subtle account, I argue that he fails to consider a central question raised by the comparison: the extent to which belief is a prerequisite of interpretation. But the claim that we cannot genuinely interpret a document if we do not believe that it has something to say to us, if we do not anticipate that we can learn from the text, raises a difficulty. If belief is central to interpretation it would appear to consign interpretation to a wholly conventional practice immune from critical insight. Drawing on the work of Gianni Vattimo, I make the somewhat paradoxical argument that belief is not only central to interpretation, but also to critique. I conclude that hermeneutical responsiveness and rhetorical elaboration are entwined expressions of a faithful relation to the text; belief nourishes a critical exegesis, which in turn enriches our beliefs. This is true not only in religion and law, but in life as well.

Number of Pages in PDF File: 20

Keywords: Jaroslav Pelikan, Gadamer, Gianni Vattimo, hermeneutics, exegesis, critical theory, John Henry Newman, religion, constitutional interpretation, biblical interpretation

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Date posted: December 29, 2005  

Suggested Citation

Mootz, Francis Joseph, Belief and Interpretation: Meditations on Pelikan's 'Interpreting the Bible and the Constitution'. Journal of Law and Religion, 2006. Available at SSRN: http://ssrn.com/abstract=871764

Contact Information

Francis Joseph Mootz III (Contact Author)
University of the Pacific - McGeorge School of Law ( email )
3200 Fifth Avenue
Sacramento, CA 95817
United States
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