This book questions traditional methods of legal interpretation and challenges the position that objective interpretation of law is possible. Legal interpretation, the author avers, is unavoidably subjective. Benson suggests that plain meaning, purpose, intent, structure, strict construction, precedent, and other legal mysticisms are merely pieces manipulated in a game. Those interested in legal process, legal writing, constitutional law, statutory interpretation, and jurisprudence will find his arguments provocative and engaging. Whether one is a lawyer, judge, journalist, or informed citizen, this look at the on-going battle about whether judges and lawyers find the law; or make the law will be a stimulating read.
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Editorial Reviews
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The Interpretation Game is a sobering lesson grounded in the soil of realism. In that regard, Robert Benson is a sort of modern-day Niccolo Machiavelli, though not in any pejorative sense. To reweave a thread of thought borrowed from the father of modern political science: Others will tell you what the law should be, but I will tell you what it is. --From the Foreword by Ronald K.L.Collins, co-author of The Death of Discourse
About the Author
The late Robert Benson was a Professor of Law at Loyola Law School Los Angeles.
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3 of 3 people found the following review helpful:
5.0 out of 5 stars
invaluable,
By Jennifer Van Bergen "JVB" (Gainesville, Florida) - See all my reviews
This review is from: The Interpretation Game (Perfect Paperback)
Benson's book is more important than he lets on. He starts with a small kernel of a thesis which he gradually expands into a wide panorama that encompasses far more than law. It is a book, in the end, about the philosophy of law. But, again, it's not.
Benson talks about schools of legal thought in a way that makes the ideas easily understandable, accessible, and interesting to all readers, lawyers and nonlawyers, philosophers and practicians, the curious and the bored. One would think such a work would be depressing. After all, Benson debunks the idea that judges decide cases based on unchanging legal precedent and principle. But it is not depressing. I found it enlightening and uplifting. The book should certainly be required reading for all students interested in pursuing law. But more than just a good book for lawyers or lawyers-to-be, it is a book that provides background and history to the law. Schools should pick this book up for their civics or humanities classes.
0 of 1 people found the following review helpful:
5.0 out of 5 stars
This tells it like it really is,
By John Lawyer (NH) - See all my reviews
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This review is from: The Interpretation Game (Perfect Paperback)
The Interpretation GameAs a practicing trial lawyer for more than 40 years, this book really tells it like it is. The various courts do just that, play a game with the law. The author cites to one of the greats, Justice Cardoza's Palsgraph case to make his point. If Justices Cardoza and Holmes are guilty of playing the game, who isn't. Clearly the judges come up with the result desired, according to the values they treasure, at the time, and then play the interpretation game to justify the result. In my recent Supreme Court cases, the game has been played so boldly that it is a joke. I anm sorry that I did not read and head this book many years before.
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Key Phrases - Statistically Improbable Phrases (SIPs):
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plain meaning rule, intrinsic canons, value lenses, judicial texts, semiotic web, postmodern insight, extrinsic evidence, coherent purpose, cultural web, other interpreters, age provision, modern story Key Phrases - Capitalized Phrases (CAPs): (learn more)
Old Story, Supreme Court, Equal Protection Clause, United States, New Deal, Helen Palsgraf, New York, Legal Realist, Board of Education, Justice Department, Justice Frankfurter, Parole Evidence Rule, Thought Window, Judge Learned Hand, Legal Realism, World War Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
plain meaning rule, intrinsic canons, value lenses, judicial texts, semiotic web, postmodern insight, extrinsic evidence, coherent purpose, cultural web, other interpreters, age provision, modern story Key Phrases - Capitalized Phrases (CAPs): (learn more)
Old Story, Supreme Court, Equal Protection Clause, United States, New Deal, Helen Palsgraf, New York, Legal Realist, Board of Education, Justice Department, Justice Frankfurter, Parole Evidence Rule, Thought Window, Judge Learned Hand, Legal Realism, World War Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
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