Legal Interpretation And Scientific Knowledge
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| Author | : David Duarte |
| Publisher | : Springer Nature |
| Total Pages | : 253 |
| Release | : 2019-09-25 |
| Genre | : Law |
| ISBN | : 3030186717 |
This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.
| Author | : Adrian Vermeule |
| Publisher | : Harvard University Press |
| Total Pages | : 356 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 9780674022102 |
In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
| Author | : Łucja Biel |
| Publisher | : Routledge |
| Total Pages | : 220 |
| Release | : 2019-05-09 |
| Genre | : Language Arts & Disciplines |
| ISBN | : 1351031201 |
The field of Legal translation and interpreting has strongly expanded over recent years. As it has developed into an independent branch of Translation Studies, this book advocates for a substantiated discussion of methods and methodology, as well as knowledge about the variety of approaches actually applied in the field. It is argued that, complex and multifaceted as it is, legal translation calls for research that might cross boundaries across research approaches and disciplines in order to shed light on the many facets of this social practice. The volume addresses the challenge of methodological consolidation, triangulation and refinement. The work presents examples of the variety of theoretical approaches which have been developed in the discipline and of the methodological sophistication which is currently being called for. In this regard, by combining different perspectives, they expand our understanding of the roles played by legal translators and interpreters, who emerge as linguistic and intercultural mediators dealing with a rich variety of legal texts; as knowledge communicators and as builders of specialised knowledge; as social agents performing a socially-situated activity; as decision-makers and agents subject to and redefining power relations, and as political actors shaping legal cultures and negotiating cultural identities, as well as their own professional identity. Chapter 2 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
| Author | : Kent Greenawalt |
| Publisher | : Oxford University Press |
| Total Pages | : 368 |
| Release | : 2010-10-27 |
| Genre | : Law |
| ISBN | : 0199842434 |
In Legal Interpretation, Kent Greenawalt focuses on the complex and multi-faceted topic of textual interpretation of the law. All law needs to be interpreted, and there are many ways to do it. But what sorts of questions must one seek to answer in interpreting law and what approach should one take in each case? Whose interpretations should be prioritized? Why would one be drawn to one strategy over another? And should legal interpretation seek to satisfy specific aims or general objectives? In order to provide the answers to these questions, Greenawalt explores the ways in which interpretive strategies from other disciplines--the philosophy of language, literary and musical interpretation, religious interpretation, and general interpretive theory--can augment and enrich methods of legal interpretation. Over the course of the book, he suggests how such forms of interpretation are analogous to legal interpretation--and points to those cases in which interpretation must rest on the distinctive aspects of legal theory, such as is the case with private documents. Furthermore, Greenawalts meditation suggests that interpretive strategies from other disciplines can shed light on the essential nature of legal interpretation and provide roads by which to account for dissonance between various methods of interpretation. Legal Interpretation is a thought-provoking reflection on the ways that insights from a range of intellectual traditions can deepen our understanding of law, particularly with regard to constitutional law.
| Author | : Aharon Barak |
| Publisher | : Princeton University Press |
| Total Pages | : 444 |
| Release | : 2011-10-16 |
| Genre | : Law |
| ISBN | : 1400841267 |
This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately. Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's "purpose" is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.
| Author | : Douglas Walton |
| Publisher | : Cambridge University Press |
| Total Pages | : 347 |
| Release | : 2021-01-21 |
| Genre | : Law |
| ISBN | : 1108429343 |
Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.
| Author | : J.H. Fetzer |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 336 |
| Release | : 2012-12-06 |
| Genre | : Science |
| ISBN | : 9400985584 |
With this defense of intensional realism as a philosophical foundation for understanding scientific procedures and grounding scientific knowledge, James Fetzer provides a systematic alternative to much of recent work on scientific theory. To Fetzer, the current state of understanding the 'laws' of nature, or the 'law-like' statements of scientific theories, appears to be one of philosophical defeat; and he is determined to overcome that defeat. Based upon his incisive advocacy of the single-case propensity interpretation of probability, Fetzer develops a coherent structure within which the central problems of the philosophy of science find their solutions. Whether the reader accepts the author's contentions may, in the end, depend upon ancient choices in the interpretation of experience and explanation, but there can be little doubt of Fetzer's spirited competence in arguing for setting ontology before epistemology, and within the analysis of language. To us, Fetzer's ambition is appealing, fusing, as he says, the substantive commitment of the Popperian with the conscientious sensitivity of the Hempelian to the technical precision required for justified explication. To Fetzer, science is the objective pursuit of fallible general knowledge. This innocent character ization, which we suppose most scientists would welcome, receives a most careful elaboration in this book; it will demand equally careful critical con sideration. Center for the Philosophy and ROBERT S. COHEN History of Science, MARX W. WARTOFSKY Boston University October 1981 v TABLE OF CONTENTS EDITORIAL PREFACE v FOREWORD xi ACKNOWLEDGEMENTS xv PART I: CAUSATION 1.
| Author | : Paweł Kwiatkowski |
| Publisher | : BRILL |
| Total Pages | : 436 |
| Release | : 2021-02-08 |
| Genre | : Philosophy |
| ISBN | : 9004448446 |
This book grew out of the conviction that the original concepts of the Poznań School of Legal Theory are still perfectly suited for application today, in the era of moral pluralism and multicentric legal systems. Moreover, since we are in the midst of a period of heated disputes over the grounds of the normativity of law, and are confronting controversies about the basis for the legitimacy of court decisions, over the results of legal interpretation, and concerning the coherence of legal systems, it would seem that the legal-theoretical proposals put forward by the circle of Poznań legal theorists, supported as they are by firm methodological foundations, have not by any means lost their value.
| Author | : Marko Novak |
| Publisher | : Cambridge Scholars Publishing |
| Total Pages | : 203 |
| Release | : 2019-01-24 |
| Genre | : Law |
| ISBN | : 1527527042 |
Legalism or legal formalism usually depicts judges as resolving cases by allegedly merely applying pre-existing legal rules. They do not seem to legislate, exercise discretion, balance or pursue policies, and they definitely do not look outside of conventional legal texts for guidance in deciding new cases. For them, the law is an autonomous domain of knowledge and technique. What they follow are the maxims of clarity, determinacy, and coherence of law. This perception of law and adjudication is sometimes designated as “an orthodox lawyering”. However, at least in certain cases, it is very difficult to say that legalism is not an inappropriate theory or a method of legal interpretation. Different theories have attested that legal interpretation is much more than just legalism, which appears to be far too naïve. In the framework of modern legal interpretation, the following questions can be raised. Is it possible to integrate legalism in a coherent theory of legal interpretation? Is legalism as a distinctive theory of legal interpretation still a feasible theory of interpretation? How can such a formalist approach withstand a critique from Dworkinian moral interpretivism or accusations of being a myth, masking political preferences from legal realists? These and many other issues about legal interpretation are discussed in this book by prominent legal philosophers and legal theorists.
| Author | : |
| Publisher | : |
| Total Pages | : 652 |
| Release | : 1994 |
| Genre | : Evidence, Expert |
| ISBN | : |
