Mootz offers an antidote to the fragmentation of contemporary legal theory with a collection of essays arguing that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. This is not a modern insight that wipes away centuries of dogmatic confusion; rather, Mootz draws on insights as old as the Western tradition itself. However, the essays are not antiquarian or merely descriptive, because hermeneutical and rhetorical philosophy have undergone important changes over the millennia. To "return" to hermeneutics and rhetoric as touchstones for law is to embrace dynamic traditions that provide the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization in accordance with expert administration, violent suppression, or both.

This book poses an eloquent challenge to the common conception of the hermeneutical tradition as a purely modern German specialty. Kathy Eden traces a continuous tradition of interpretation from Republican Rome to Reformation Europe, arguing that the historical grounding of modern hermeneutics is in the ancient tradition of rhetoric.

For over thirty years, Steven Mailloux has championed and advanced the field of rhetorical hermeneutics, a historically and theoretically informed approach to textual interpretation. This volume collects fourteen of his most recent influential essays on the methodology, plus an interview. Following from the proposition that rhetorical hermeneutics uses rhetoric to practice theory by doing history, this book examines a diverse range of texts from literature, history, law, religion, and cultural studies. Through four sections, Mailloux explores the theoretical writings of Heidegger, Burke, and Rorty, among others; Jesuit educational treatises; and products of popular culture such as Azar Nafisi’s Reading Lolita in Tehran and Star Trek: The Next Generation. In doing so, he shows how rhetorical perspectives and pragmatist traditions work together as two mutually supportive modes of understanding, and he demonstrates how the combination of rhetoric and interpretation works both in theory and in practice. Theoretically, rhetorical hermeneutics can be understood as a form of neopragmatism. Practically, it focuses on the production, circulation, and reception of written and performed communication. A thought-provoking collection from a preeminent literary critic and rhetorician, Rhetoric’s Pragmatism assesses the practice and value of rhetorical hermeneutics today and the directions in which it might head. Scholars and students of rhetoric and communication studies, critical theory, literature, law, religion, and American studies will find Mailloux’s arguments enlightening and essential.

Publisher Description

Examines the nature of rhetorical theory and criticism, the rhetoric of science, and the impact of poststructuralism and postmodernism on contemporary accounts of rhetoric.

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1992.

DIVAn interdisciplinary critique of the relationship between words and the law /div