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Interpretation and Meaning in the Renaissance - The Case of Law (Paperback, Revised)
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Interpretation and Meaning in the Renaissance - The Case of Law (Paperback, Revised)
Series: Ideas in Context
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It is a commonplace of modern scholarship that there was no general
theory of language available to Renaissance thinkers, and that
studies of grammar confined themselves for the most part to the
investigation of formal features of language. However, no community
can operate without some shared assumptions about meaning and its
transmission; and it is manifest from the plethora of works of
interpretation at this time--commentaries, translations,
paraphrases, editions, epitomes--that the practice of conveying
significance was thriving, and giving rise to heated debates about
correct interpretation in theology, law, medicine, philosophy and
humanistic studies. This book investigates theories of
interpretation and meaning in Renaissance jurisprudence. How do
they relate to the institutions of the law, especially pedagogical
institutions? What characterizes the most commonly adopted theories
of the legal profession? In what form were they published? How do
they relate to the principles of interpretation found in the
trivium of grammar, dialectics and rhetoric? In what ways, if any,
do they mark a departure from medieval approaches? How do they
relate to modern canons of interpretation? And how do they relate
to similar issues in modern semantics and the philosophy of
language, such as speech act theory or the 'logic of the
supplement'? An answer to these questions is sought through an
investigation of Renaissance problems concerning the authority of
interpreters, the questions of signification, definition, verbal
propriety and verbal extension, the problem of cavillation, the
alternative interpretative strategies of ratio legis and mens
legislatoris, the performative functions of language, and custom
and equity as means of interpretation. The theoretical issues
raised are examined in the exemplary case of defamation.
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