The Interpretation Game

by Benson, Robert

• ISBN13: 9781594605017
• ISBN10: 1594605017
• Format: Paperback
• Copyright: 2008-01-01
• Publisher: Carolina Academic Press

Summary

This book questions traditional methods of legal interpretation and challenges the position that objective interpretation of law is possible. Legal interpretation, the author avers, is unavoidably subjective. Benson suggests that ?plain meaning,? ?purpose,? ?intent,? ?structure,? ?strict construction,? ?precedent,? and other legal mysticisms are merely pieces manipulated in a game. Those interested in legal process, legal writing, constitutional law, statutory interpretation, and jurisprudence will find his arguments provocative and engaging. Whether one is a lawyer, judge, journalist, or informed citizen, this look at the on-going battle about whether judges and lawyers ?find the law? or ?make the law? will be a stimulating read.

Author Biography

Robert Benson is Professor of Law at Loyola Law School Los Angeles.

Table of Contents

Preface: The Book in a Nutshell
The Theory of Legal Interpretation
The Old Story	p. 5
The Modern Story	p. 23
The Postmodern Insight	p. 67
How Judges Fool Themselves	p. 83
The Practice
How Statutes Get Their Meaning: The Speed Limit Laws	p. 101
How the Constitution Gets Its Meaning: Brown v. Board of Education	p. 109
How Case Precedents Get Their Meaning: Palsgraf v. Long Island Railroad	p. 129
Post-Scripts	p. 139
P.S. for Law Students	p. 139
P.S. for Lawyers	p. 140
P.S. for Judges	p. 141
P.S. for Journalists	p. 143
P.S. for Citizens	p. 145
Brown v. Board of Education, Palsgraf v. Long Island Railroad	p. 147
Notes	p. 161
Index	p. 183
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