ABSTRACT

This chapter looks at the debate between the liberals and the communitarians and at trends in modern theories of hermenuetics in order to consider Ronald Dworkin's position on these matters in their wider philosophical context. Dworkin's form of liberalism is not universally shared and, as one would expect, there are major differences between the major liberal theorists on fundamentals. Jacques Derrida deconstructive theory offers a considerable threat to Dworkin's constructive, coherent account of the law, and so we must also consider the effects of his critique on hermeneutic theory. The Gadamer-Habermas Debate Within hermeneutic theory there has arisen a debate between two groups of philosophers, represented by Hans-Georg Gadamer and Jurgen Habermas. E. Betti represents the view that hermeneutics is tied to interpretation based on the author's intention, and is thus in fundamental disagreement with Gadamer who is not restricted to this methodical approach.