Refine
Document Type
- Conference Proceeding (3) (remove)
Language
- English (3)
Has Fulltext
- yes (3)
Is part of the Bibliography
- no (3) (remove)
Keywords
- methodology (3) (remove)
Institute
Some advances in legal practical reason: for a progressive dialogue with contemporary hermeneutics
(2012)
This paper intends to critically discuss some points of the contemporary thesis concerning constitutional hermeneutics and methodology of law. Once identified some authors and the lines of argumentation affiliated grosso modo to the linguistic turn and rhetoric, as well as the core of the transcendental powers of communication (v.g. N. MacCormick, R. Alexy, K. Günther), the objective is to identify some dialogue with economics and political science, enlightened by recent researches about Hegel-Marx interpretations of social life. Of course the discussion inevitably passes through methodological questions, opposing analytics vs. dialectics, idealistic vs. realists standpoints. In a effort to foment the inclusive dialogue between points of view concerning the concept of law that may create (not necessarily) radical opponents, the lines of conclusion intents to revisit some foundations of Hegelian "method" (so to speak) and intends to give a modest contribution to a more profound analysis of the relations between sein and sollen categories, in order to enrich the discussions about technology and social life, specially the life of the law nowadays.
This report was written by the organizers of the workshop "Accounting for Combat-Related Killings," which took place at the Goethe University Frankfurt in July 2014. Scholars from Israel, the United Kingdom, the United States,, Canada, and Germany came together to present and discuss case studies on the discourse practices involved in accounting for combat-related killings in different national and transnational contexts. Intending to reflect on the methodological skills needed to analyze newly available process data, the workshop brought together scholars using different methodological approaches (here mainly ethnomethodology and critical discourse analysis). In regard to the global trend towards increasing numbers of so called permanent, asymmetric, small, and permanent wars, the report turns to concepts, methods, and empirical findings that foster understandings of the difficulties war generates at social, cultural and political levels as well as the manner in which these predicaments are negotiated, denied, or deflected. The report summarizes the workshop by presenting the papers in a specific order, beginning with accounting in combat, followed by tribunals of accounting, and finally the sedimentation of accounting in cultural representations.
To become self-reflexive, Jurisprudence must to establish a dialogue: the human sciences should lose their exotic character in the eyes of Legal Science. It is in the middle between the "order" and the thinking about it, where the "naked experience" happens, that culture and therefore Law builds itself e it is constructed. This paper demonstrates the need to use other human sciences, with emphasis on anthropology, as "methodological strategies" for Jurisprudence self-reflection to become more faithful to the reality of the researched object. Anthropology has the power to show what is "anti-modern". It questions the intellectual space of modernity where the hard definition of antagonisms detached from reality occurs - West/East, “I”/other, civilized/barbarian. Jurisprudence consolidates antagonisms: the diversity and plurality of human societies are rarely seen as a fact but as an aberration, always demanding a justification. It is necessary to create a methodology using what is most extraordinary and human in the analysis of fact: "Anthopological Blues". Anthropology is capable of breaking with the classical conception of scientific methodology that is based on stiffness to produce absolute truths and also support the fulfillment of legal concepts with content and meaning, providing a reinterpretation of science as a human instrument of intervention on reality.