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Author: Sanford Levinson
Publisher: Northwestern University Press
ISBN: 9780810107939
Category : Law
Languages : en
Pages : 524
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Book Description
From the Preface: "Contemporary theory has usefully analyzed how alternative modes of interpretation produce different meanings, how reading itself is constituted by the variable perspectives of readers, and how these perspectives are in turn defined by prejudices, ideologies, interests, and so forth. Some theorists gave argued persuasively that textual meaning, in literature and in literary interpretation, is structured by repression and forgetting, by what the literary or critical text does not say as much as by what it does. All these claims are directly relevant to legal hermeneutics, and thus it is no surprise that legal theorists have recently been turning to literary theory for potential insight into the interpretation of law. This collection of essays is designed to represent the especially rich interactive that has taken place between legal and literary hermeneutics during the past ten years."
Author: Sanford Levinson
Publisher: Northwestern University Press
ISBN: 9780810107939
Category : Law
Languages : en
Pages : 524
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Book Description
From the Preface: "Contemporary theory has usefully analyzed how alternative modes of interpretation produce different meanings, how reading itself is constituted by the variable perspectives of readers, and how these perspectives are in turn defined by prejudices, ideologies, interests, and so forth. Some theorists gave argued persuasively that textual meaning, in literature and in literary interpretation, is structured by repression and forgetting, by what the literary or critical text does not say as much as by what it does. All these claims are directly relevant to legal hermeneutics, and thus it is no surprise that legal theorists have recently been turning to literary theory for potential insight into the interpretation of law. This collection of essays is designed to represent the especially rich interactive that has taken place between legal and literary hermeneutics during the past ten years."
Author: Kent Greenawalt
Publisher: Oxford University Press
ISBN: 0199756147
Category : Law
Languages : en
Pages : 402
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Book Description
Kent Greenwalt's second volume on aspects of legal interpretation analyzes statutory and common law interpretation, suggesting that multiple factors are important for each, and that the relation between them influences both. The book argues against any simple "textualism," claiming that even reader understanding of statutes depends partly on perceived intent. In respect to common law interpretation, use of reasoning by analogy is defended and any simple dichotomy of "holding" and "dictum" is resisted.
Author: Brian G. Slocum
Publisher: University of Chicago Press
ISBN: 022644516X
Category : Law
Languages : en
Pages : 299
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Book Description
Language shapes and reflects how we think about the world. It engages and intrigues us. Our everyday use of language is quite effortless—we are all experts on our native tongues. Despite this, issues of language and meaning have long flummoxed the judges on whom we depend for the interpretation of our most fundamental legal texts. Should a judge feel confident in defining common words in the texts without the aid of a linguist? How is the meaning communicated by the text determined? Should the communicative meaning of texts be decisive, or at least influential? To fully engage and probe these questions of interpretation, this volume draws upon a variety of experts from several fields, who collectively examine the interpretation of legal texts. In The Nature of Legal Interpretation, the contributors argue that the meaning of language is crucial to the interpretation of legal texts, such as statutes, constitutions, and contracts. Accordingly, expert analysis of language from linguists, philosophers, and legal scholars should influence how courts interpret legal texts. Offering insightful new interdisciplinary perspectives on originalism and legal interpretation, these essays put forth a significant and provocative discussion of how best to characterize the nature of language in legal texts.
Author: Douglas Walton
Publisher: Cambridge University Press
ISBN: 1108429343
Category : Law
Languages : en
Pages : 347
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Book Description
Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.
Author: Stanley Fish
Publisher: Duke University Press
ISBN: 9780822309956
Category : Education
Languages : en
Pages : 628
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Book Description
"In literary theory, the philosophy of law, and the sociology of knowledge, no issue has been more central to current debate than the status of our interpretations. Do they rest on a ground of rationality or are they subjective impositions of a merely personal point of view? In Doing What Comes Naturally, Stanley Fish refuses the dilemma posed by this question and argues that while we can never separate our judgments from the contexts in which they are made, those judgments are nevertheless authoritative and even, in the only way that matters, objective. He thus rejects both the demand for an ahistorical foundation, and the conclusion that in the absence of such a foundation we reside in an indeterminate world. In a succession of provocative and wide-ranging chapters, Fish explores the implications of his position for our understanding of legal, literary, and psychoanalytic interpretation, the nature of professional and institutional culture, and the place of reason in a world that is rhetorical through and through."--Publisher description.
Author: Adrian Vermeule
Publisher: Harvard University Press
ISBN: 9780674022102
Category : Law
Languages : en
Pages : 356
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Book Description
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: Steven Mailloux
Publisher: Cornell University Press
ISBN: 9780801496028
Category : History
Languages : en
Pages : 214
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Book Description
In this provocative and forcefully written book, Steven Mailloux takes issue with the validity of a number of distinctions commonly made in contemporary literary theory and cultural studies--distinctions between theory and history, reader and text, truth and ideology, aesthetics and politics. Mailloux first presents the case for a rhetorical hermeneutics and against foundationalist theories of interpretation. Doing hermeneutic theory, he argues, entails doing rhetorical history. By means of a detailed analysis of reader-response criticism, he highlights the connections between institutional politics and the interpretive rhetoric of academic literary criticism. Mailloux then uses Adventures of Huckleberry Finn as an exemplary text. Relating Mark Twain's rhetoric to the cultural politics of post-Reconstruction debates about racist ideology, he places his reader-oriented interpretation within the rhetorical history of controversies over the meaning and value of Huckleberry Finn. Finally, in a far-ranging study of cultural reception, he juxtaposes the twentieth-century concern about the topic of race in Huckleberry Finn with the nineteenth-century audience's very different concerns about juvenile delinquency and the "bad-boy boom." In the final part of the book, Mailloux restates his critique of foundationalist hermeneutics through readings of Ken Kesey, Michel Foucault, Edward Said, and Richard Rorty, and he concludes by examining the role of rhetoric and theory in a congressional dispute over the Reagan administration's reinterpretation of the Anti-Ballistic Missile Treaty. Rhetorical Power will be welcomed by readers in literary theory and American studies, as well as in such fields as speech communication, the sociology of culture, and social and intellectual history, and by others interested in the politics of persuasion.
Author: Steven Mailloux
Publisher: Cornell University Press
ISBN: 1501720945
Category : Literary Criticism
Languages : en
Pages : 229
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Book Description
In Interpretive Conventions, Steven Mailloux examines five influential theories of the reading process—those of Stanley Fish, Jonathan Culler, Wolfgang Iser, Norman Holland, and David Bleich.
Author: Aharon Barak
Publisher: Princeton University Press
ISBN: 1400841267
Category : Law
Languages : en
Pages : 444
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Book Description
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: Lawrence Solan
Publisher: University of Chicago Press
ISBN: 0226767965
Category : Language Arts & Disciplines
Languages : en
Pages : 300
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Book Description
We are capable of writing crisp yet flexible laws, but Solan explains that difficult cases result when the ways in which our cognitive and linguistic faculties are structured fail to produce a single, clear interpretation. Though we are predisposed to absorb new situations into categories we have previously formed, our conceptualization is not always as crisp as the legislative and judicial realms demand. In such cases, Solan contends that other values, most importantly legislative intent, must come into play. The Language of Statutes provides an excellent introduction to statutory interpretation, rejecting the extreme arguments that judges have either too much or too little leeway, and explaining how and why a certain number of interpretive problems are simply inevitable. --Book Jacket.
