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Interpretation and Legal Theory

Autor Andrei Marmor
en Limba Engleză Paperback – 24 apr 2005
This is a revised and extensively rewritten edition of one of the most influential monographs on legal philosophy published in recent years. Writing in the introduction to the first edition the author characterized Anglophone philosophers as being ..."divided, and often waver[ing] between two main philosophical objectives: the moral evaluation of law and legal institutions, and an account of its actual nature." Questions of methodology have therefore tended to be sidelined, but were bound to surface sooner or later, as they have in the later work of Ronald Dworkin. The main purpose of this book is to provide a critical assessment of Dworkin's methodological turn, away from analytical jurisprudence towards a theory of interpretation, and the issues it gives rise to. The author argues that the importance of Dworkin's interpretative turn is not that it provides a substitute for 'semantic theories of law' (a dubious concept), but that it provides a new conception of jurisprudence, aiming to present itself as a comprehensive rival to the conventionalism manifest in legal positivism. Furthermore, once the interpretative turn is regarded as an overall challenge to conventionalism, it is easier to see why it does not confine itself to a critique of method. Law as interpretation calls into question the main tenets of its positivist rival, in substance as well as method. The book re-examines conventionalism in the light of this interpretative challenge.
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Specificații

ISBN-13: 9781841134246
ISBN-10: 1841134244
Pagini: 185
Dimensiuni: 156 x 234 x 9 mm
Greutate: 0.28 kg
Ediția:Revised
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This is a revised and extensively rewritten edition of one of the most influential monographs on legal philosophy published in recent years.

Notă biografică

Andrei Marmor is Professor of Law and Professor of Philosophy at the University of Southern California.

Cuprins

1. INTRODUCTION2. MEANING AND INTERPRETATION3. DWORKIN'S THEORY OF INTERPRETATION AND THE NATURE OF JURISPRUDENCE4. COHERENCE, HOLISM, AND INTERPRETATION: THE EPISTEMIC FOUNDATION OF DWORKIN'S LEGAL THEORY5. SEMANTICS, REALISM, AND NATURAL LAW6. CONSTRUCTIVE IDENTIFICATION AND RAZIAN AUTHORITY7. NO EASY CASES?8. LEGISLATIVE INTENT AND THE AUTHORITY OF LAW9. CONSTITUTIONAL INTERPRETATION

Recenzii

Andrei Marmor.has become one of the foremost representatives of his field.provides a powerful critical assessment of Dworkin's methodological turn, away from analytical jurisprudence towards a general theory of interpretation.a challenging contribution to an ongoing, arguably perennial debate.

Descriere

This book critically assesses Dworkin's methodological turn away from analytical jurisprudence towards a theory of interpretation.