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Interpretation and Legal Theory

By: Andrei Marmor
Media of Interpretation and Legal Theory
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Published: 25-04-2005
Format: EPUB eBook (?)
Edition: 1st
Extent: 185
ISBN: 9781847317933
Imprint: Hart Publishing
RRP: £44.99
Online price : £35.99
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About Interpretation and Legal Theory

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.

Table Of Contents

1. INTRODUCTION
2. MEANING AND INTERPRETATION
3. DWORKIN'S THEORY OF INTERPRETATION AND THE NATURE OF JURISPRUDENCE
4. COHERENCE, HOLISM, AND INTERPRETATION: THE EPISTEMIC FOUNDATION OF DWORKIN'S LEGAL THEORY
5. SEMANTICS, REALISM, AND NATURAL LAW
6. CONSTRUCTIVE IDENTIFICATION AND RAZIAN AUTHORITY
7. NO EASY CASES?
8. LEGISLATIVE INTENT AND THE AUTHORITY OF LAW
9. CONSTITUTIONAL INTERPRETATION

Reviews

“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.” –  Cristoph Konrath, Law and Politics Book Review, Vol 16, No 4

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