Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship 1988 The Ontological Basis of Legal Hermeneutics: A Proposed Model of Inquiry Based on the Work of Gadamer, Habermas and Ricoeur Francis J. Mootz III University of Nevada, Las Vegas -- William S. Boyd School of Law,
[email protected] Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Legal Theory Commons, and the Philosophy Commons Recommended Citation Mootz, Francis J. III, "The Ontological Basis of Legal Hermeneutics: A Proposed Model of Inquiry Based on the Work of Gadamer, Habermas and Ricoeur" (1988). Scholarly Works. 49. https://scholars.law.unlv.edu/facpub/49 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact
[email protected]. THE ONTOLOGICAL BASIS OF LEGAL HERMENEUTICS: A PROPOSED MODEL OF INQUIRY BASED ON THE WORK OF GADAMER, HABERMAS, AND RICOEURt FRANCIS J. MOOTZ, III* PREFACE This book, once begun, is not a certain set of ideas; it constitutes for me an open situation, for which I could not possibly provide any complex formula, and in which I struggle blindly on until, miraculously, thoughts and words become organized by themselves. -Maurice Merleau-Ponty' This Article is an example of its thesis. What I do with the texts that I have gathered in support of my argument reveals the ontological basis of legal interpretation. What follows is not only an exposition of what happens when a reader interprets legal texts, but also an actual case of a reader seeking to solve a legal problem by interpreting both legal and non-legal texts.