Hermeneutics and Law

Mootz, Francis J.

doi:10.1002/9781118529812.ch71

Cited by 5 publications

(3 citation statements)

References 4 publications

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“…I analysed key passages of the selected medical cases using a hermeneutics approach, trying to view text as being reshaped with every new interpretation, rather than having a stable meaning (Mootz, 2016: 775–777). Through this method, I identified the gradual legal move in medicine from a physician-centred to a patient-centred standard.…”

Section: Legal Research Methodsmentioning

confidence: 99%

Researching consent in veterinary practice: The use of interpretive description as a multidisciplinary methodology

Gray

2020

Methodological Innovations

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Informed consent in the veterinary sphere has been surprisingly under-researched, despite it being a professional ethical requirement. As consent is given by animal owners on behalf of patients who are unable to consent for themselves, its underpinning ethical basis cannot exactly mirror consent given by adult human patients with capacity. Any attempt to research consent in the veterinary context requires consideration of its legal, ethical and practical applications. This investigation of consent practices in veterinary settings in the United Kingdom was undertaken using interpretation of medicolegal cases, together with three discrete empirical studies comprising the textual analysis of consent forms, consent discussions for the elective neutering of companion animal patients, and interviews with key participants in the consent process. The chosen approach required a methodology that would facilitate triangulation between empirical data analysis and doctrinal legal research. Here, I describe the first use of interpretive description as a methodology of veterinary socio-legal studies, in the context of practice-based research. With foundations in traditional social science methodologies such as hermeneutics, grounded theory, ethnography and symbolic interactionism, interpretive description provided a multi-disciplinary methodological perspective. Its underpinning methodologies informed the methods that were used for data collection, and for subsequent analysis. I combined interpretation of legal decisions and professional ethical guidance with thematic surveys of empirical data to reach higher levels of analysis. The resulting conceptual description of consent in veterinary practice enabled the production of normative guidance appropriate for those in practice, thus fulfilling the methodological aims of interpretive description. Specifically, the key findings were that the consent form should act as a fuller record of the consent discussion, that attention should be paid to achieving an appropriate balance between client autonomy and patient ‘best interests’ and that consent should provide protection to all three parties (client, patient and veterinary professional).

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Section: Legal Research Methodsmentioning

confidence: 99%

Researching consent in veterinary practice: The use of interpretive description as a multidisciplinary methodology

Gray

2020

Methodological Innovations

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“…One last matter is in front of us to be discussed—the rule of law—since, as Francis J. Mootz III points out, the rule of law is widely understood to mean that the legal norm has only one settled meaning, which stands in contradiction to the hermeneutical reality (Mootz 2016, 596). The “dogma of objectivity […] in legal reasoning serves to obscure the fact that judicial opinions arise from a matrix of social and political forces” (Boyle 1985, 695).…”

Section: The Science Of Lawmentioning

confidence: 99%

“Trialectics” of Legal Interpretation

ČERVINKA

2022

Ratio Juris

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Law is perceived as a stabilising mechanism in an everchanging world and, as such, is founded on the quest for the one “true” meaning of legal norms as a basis for the rule of law. But I shall suggest that it is futile to seek a fixed meaning of legal norms or the one “true” method for interpreting them. The argument will be built by first considering the “trialectics” between hermeneutics, linguistics, and jurisprudence, and then taking a systematic approach to law itself, to this end drawing inspiration from the work of Ferdinand de Saussure. I shall finally argue for the necessity of a more procedural understanding of the rule of law.

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“…As an extension of this, legal hermeneutics focuses on the understanding of law and legal texts in the context of power, culture, gender, and social relations (Mootz, 2010, p. 30). Legal hermeneutics was used in order to analyse and understand the social and cultural context that influenced the development of the deliberation transcripts and to develop a thick description of the phenomena (Geertz, 1973).…”

Section: The Studymentioning

confidence: 99%

Simulated jury decision making in online focus groups

Tabak

Klettke²,

Knight³

2013

Qualitative Research Journal

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PurposeA significant issue in jury research has been the use of individual jurors to analyse jury decision‐making. This paper aimed to examine the applicability of computer‐mediated communication to a mock jury deliberation study.Design/methodology/approachGroups of three to five Australian residents anonymously attended a secure chat room and participated in a semi‐structured discussion about a simulated child sexual assault scenario. Deliberation transcripts were analysed thematically using NVivo. A hermeneutic framework was used to analyse the deliberation transcripts.FindingsFive interrelated themes were revealed, each reflecting the tools online juries used to communicate, create meaning, and arrive at a verdict. Electronic jury deliberation promoted an understanding of how people make sense of child sexual assault cases in Australia today.Originality/valueThis study advanced the understanding of online decision making in a child sexual assault scenario. It demonstrated that knowledge of how juries deliberate and create meaning could improve our understanding of how verdicts are achieved. Electronic mock juries are a valuable adjunct to traditional jury deliberation studies because they are cost effective, time efficient, and offer wider recruitment opportunities.

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Hermeneutics and Law

Cited by 5 publications

References 4 publications

Researching consent in veterinary practice: The use of interpretive description as a multidisciplinary methodology

Researching consent in veterinary practice: The use of interpretive description as a multidisciplinary methodology

“Trialectics” of Legal Interpretation

Simulated jury decision making in online focus groups

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