After Natural Law: A Hermeneutic Response to Law's Quandary
Francis Joseph Mootz III
University of the Pacific - McGeorge School of Law
May 1, 2007
Law is a practice that claims to be aligning itself with objective truth: "The Law." Natural law theories justified this state of affairs for centuries, but in the wake of the collapse of traditional natural law theories there appears to be no ontological account of law that does credit to the depth of the practice. In particular, legal positivism has failed to fulfill its promise to provide guidance after the eclipse of natural law.
Using Steven Smith's, "Law's Quandary," as a touchstone, I will account for the ontology of law in a naturalistic manner, but without relapsing to traditional natural law accounts. I draw guidance from contemporary theories of rhetoric and hermeneutics, and conclude that law's quandary is really life's quandary, but that we can account for the quandary in satisfactory and productive ways.
Number of Pages in PDF File: 19
Keywords: Natural law, Hermeneutics, Rhetoric, Steven Smith, Law's Quandary, Hans-Georg Gadamer, Chaim Perelman, Aristotle, Rhetorical Knowledgeworking papers series
Date posted: May 2, 2007
© 2013 Social Science Electronic Publishing, Inc. All Rights Reserved.
This page was processed by apollo1 in 0.797 seconds