Coverart for item
The Resource Interpretation and Legal Theory, (electronic resource)

Interpretation and Legal Theory, (electronic resource)

Label
Interpretation and Legal Theory
Title
Interpretation and Legal Theory
Creator
Subject
Language
eng
Summary
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
Cataloging source
AU-PeEL
http://library.link/vocab/creatorName
Marmor, Andrei
Nature of contents
dictionaries
Series statement
ProQuest Ebook Central
http://library.link/vocab/subjectName
  • Jurisprudence
  • Law
  • Law
Label
Interpretation and Legal Theory, (electronic resource)
Link
http://ezproxy.eui.eu/login?url=http://EUI.eblib.com/patron/FullRecord.aspx?p=1772940
Instantiates
Publication
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier.
Content category
text
Content type code
txt
Content type MARC source
rdacontent.
Contents
  • Half Title Page; Title Page; Title verso; Contents; Preface to the Revised Edition; Preface to the First Edition; 1. An Introduction: The 'Semantic Sting' Argument; 2. Meaning and Interpretation; 1. RADICAL INTERPRETATION; 2. PRAGMATICS; 3. A THIRD MEANING OF MEANING?; 3. Dworkin's Theory of Interpretation and the Nature of Jurisprudence; 1. THE REFLECTIVE EQUILIBRIUM; 4. Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin's Legal Theory; 1. THE REFLECTIVE EQUILIBRIUM; 2. IDENTITY, FIT, AND SOUNDNESS; 2. IDENTITY, FIT, AND SOUNDNESS; 3. THE FISH-DWORKIN DEBATE
  • 3. THE FISH-DWORKIN DEBATE4. THE CONCEPT OF FIT ONCE AGAIN; 4. THE CONCEPT OF FIT ONCE AGAIN; 5. Semantics, Realism, and Natural Law; 1. THE MEANING OF 'REALISM' AND THE MEANING OF 'LAW'; 2. PUTNAM'S THEORY OF 'NATURAL KINDS' AND THE CONCEPT OF LAW; 3. REAL LAW?; 6. Constructive Identification and Razian Authority; 1. CONSTRUCTIVE IDENTIFICATION; 2. CONSTRUCTIVE IDENTIFICATION AND THE OBJECTS OF ART; 3. RAZIAN AUTHORITY AND CONSTRUCTIVE IDENTIFICATION IN LAW; 7. No Easy Cases?; 1. A SCARECROW CALLED FORMALISM; 2. THE HART-FULLER DEBATE; 3. THE ARGUMENT FROM DEFEASIBILITY
  • 4. INDEXICAL PREDICATES AND EMPIRICAL DEFEASIBILITY5. WITTGENSTEIN ON FOLLOWING A RULE; 8. Legislative Intent and the Authority of Law; 1. WHAT IS THE ISSUE?; 2. WHOSE INTENTIONS?; 3. WHAT KIND OF INTENTIONS?; 4. WHY SHOULD INTENTIONS COUNT?; 9. Constitutional Interpretation; 1. TWO BASIC QUESTIONS; 2. THE MORAL LEGITIMACY OF THE CONSTITUTION; 3. THE LEGITIMACY OF JUDICIAL REVIEW; 4. ANY SENSIBLE ORIGINALISM?; 5. ALTERNATIVE METHODS?; References; Index
Control code
u390425
Dimensions
unknown
Extent
1 online resource (190 pages)
Form of item
electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781847310873
Media category
computer
Media MARC source
rdamedia.
Media type code
c
Specific material designation
remote
System control number
  • EBL1772940
  • (OCoLC)1055566118
Label
Interpretation and Legal Theory, (electronic resource)
Link
http://ezproxy.eui.eu/login?url=http://EUI.eblib.com/patron/FullRecord.aspx?p=1772940
Publication
Carrier category
online resource
Carrier category code
cr
Carrier MARC source
rdacarrier.
Content category
text
Content type code
txt
Content type MARC source
rdacontent.
Contents
  • Half Title Page; Title Page; Title verso; Contents; Preface to the Revised Edition; Preface to the First Edition; 1. An Introduction: The 'Semantic Sting' Argument; 2. Meaning and Interpretation; 1. RADICAL INTERPRETATION; 2. PRAGMATICS; 3. A THIRD MEANING OF MEANING?; 3. Dworkin's Theory of Interpretation and the Nature of Jurisprudence; 1. THE REFLECTIVE EQUILIBRIUM; 4. Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin's Legal Theory; 1. THE REFLECTIVE EQUILIBRIUM; 2. IDENTITY, FIT, AND SOUNDNESS; 2. IDENTITY, FIT, AND SOUNDNESS; 3. THE FISH-DWORKIN DEBATE
  • 3. THE FISH-DWORKIN DEBATE4. THE CONCEPT OF FIT ONCE AGAIN; 4. THE CONCEPT OF FIT ONCE AGAIN; 5. Semantics, Realism, and Natural Law; 1. THE MEANING OF 'REALISM' AND THE MEANING OF 'LAW'; 2. PUTNAM'S THEORY OF 'NATURAL KINDS' AND THE CONCEPT OF LAW; 3. REAL LAW?; 6. Constructive Identification and Razian Authority; 1. CONSTRUCTIVE IDENTIFICATION; 2. CONSTRUCTIVE IDENTIFICATION AND THE OBJECTS OF ART; 3. RAZIAN AUTHORITY AND CONSTRUCTIVE IDENTIFICATION IN LAW; 7. No Easy Cases?; 1. A SCARECROW CALLED FORMALISM; 2. THE HART-FULLER DEBATE; 3. THE ARGUMENT FROM DEFEASIBILITY
  • 4. INDEXICAL PREDICATES AND EMPIRICAL DEFEASIBILITY5. WITTGENSTEIN ON FOLLOWING A RULE; 8. Legislative Intent and the Authority of Law; 1. WHAT IS THE ISSUE?; 2. WHOSE INTENTIONS?; 3. WHAT KIND OF INTENTIONS?; 4. WHY SHOULD INTENTIONS COUNT?; 9. Constitutional Interpretation; 1. TWO BASIC QUESTIONS; 2. THE MORAL LEGITIMACY OF THE CONSTITUTION; 3. THE LEGITIMACY OF JUDICIAL REVIEW; 4. ANY SENSIBLE ORIGINALISM?; 5. ALTERNATIVE METHODS?; References; Index
Control code
u390425
Dimensions
unknown
Extent
1 online resource (190 pages)
Form of item
electronic
Governing access note
Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
Isbn
9781847310873
Media category
computer
Media MARC source
rdamedia.
Media type code
c
Specific material designation
remote
System control number
  • EBL1772940
  • (OCoLC)1055566118

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