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Law and Interpretation: Essays in Legal Philosophy [Paperback]

Andrei Marmor
5.0 out of 5 stars  See all reviews (1 customer review)

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Book Description

February 5, 1998 0198264879 978-0198264873
Interest in interpretation has emerged in recent years as one of the main intellectual paradigms of legal scholarship. This collection of new essays in law and interpretation provides the reader with an overview of this important topic, written by some of the most distinguished scholars in the field. The book begins with interpretation as a general method of legal theorizing, and thus provides critical assessment of the recent "interpretative turn" in jurisprudence. Further chapters include essays on the nature of interpretation, its objectivity, the possible determinacy of legal standards, and their nature. Concluding with a series of articles on the role of legislative intent in the interpretation of statutes, this work offers new and refreshing insights into this old controversy.

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"Anyone with an interest in recent legal theory would find much of interest in it."Ethics


About the Author

Andrei Marmor is at University of Tel Aviv.

Product Details

  • Paperback: 480 pages
  • Publisher: Oxford University Press (February 5, 1998)
  • Language: English
  • ISBN-10: 0198264879
  • ISBN-13: 978-0198264873
  • Product Dimensions: 0.9 x 9.1 x 6.1 inches
  • Shipping Weight: 1.8 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #2,784,377 in Books (See Top 100 in Books)

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5 of 5 people found the following review helpful
5.0 out of 5 stars An outstanding contribution to the ongoing debate June 24, 2000
By A Customer
Format:Paperback
The essays collected in this book provide an excellent overview of the philosophical issues which surround the nature and role of interpretation in legal thought. Each of the authors brings to the subject a unique perspective or philosophical position, and argues for it persuasively. Needless to say, the contributors are not all in agreement regarding the fundamental questions under discussion. Topics covered include the nature of interpretation generally, in art and literature as well as in law; the claim by proponents of the Critical Legal Studies movement that every application of a legal rule involves an interpretation of it, and that the open texture of law is incompatible with the demands of political liberalism; Ronald Dworkin's distinction between rules and principles, and the significance of "original intent" in the interpretation of statutory or Constitutional provisions.
While familiarity with modern analytic philosophy may not be an indispensable prerequisite to a reading of this book, it would certainly do much to enhance your understanding of the argumentation. I suspect that a reader who lacked such knowledge would find some of the essays particularly challenging. In no way is this a criticism of the book; in order to address the philosophical issues adequately it is simply necessary to discuss, for example, Wittgenstein's remarks on "rule following" in the Philosophical Investigations, Kripke's misinterpretation thereof, and the realist/anti-realist controversy.
With its meticulous and thorough analyses, this book makes an outstanding contribution to legal philosophy, which I would highly recommend.
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