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9780198264873

Law and Interpretation Essays in Legal Philosophy

by
  • ISBN13:

    9780198264873

  • ISBN10:

    0198264879

  • Format: Paperback
  • Copyright: 1998-02-05
  • Publisher: Clarendon Press

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Summary

Interest in interpretation has emerged in recent years as one of the main intellectual paradigms of legal scholarship. This collection of new essays in law and interpretation provides the reader with an overview of this important topic, written by some of the most distinguished scholars in the field. The book begins with interpretation as a general method of legal theorizing, and thus provides critical assessment of the recent "interpretative turn" in jurisprudence. Further chapters include essays on the nature of interpretation, its objectivity, the possible determinacy of legal standards, and their nature. Concluding with a series of articles on the role of legislative intent in the interpretation of statutes, this work offers new and refreshing insights into this old controversy.

Table of Contents

Prefacep. v
List of Contributorsp. x
Interpreting Interpretationp. 1
Focusing the Law What Legal Interpretation is Notp. 31
Interpretation and Methodology in Legal Theoryp. 97
Questions in Legal Interpretationp. 137
Interpretation Without Retrievalp. 155
Three Concepts of Objectivityp. 177
Determinacy Objectivity, and Authorityp. 203
Against Legal Principlesp. 279
Legislators' Intentions and Unintentional Legislationp. 329
All or Nothing at All?The Intentions of Authoritiesand the Authority of Intentionsp. 357
Interpreting Authoritiesp. 405
Interpreting Official Speechp. 433
Indexp. 451
Table of Contents provided by Publisher. All Rights Reserved.

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