Interpretation without Truth: A Realistic Enquiry (1st ed. 2019) (Law and Philosophy Library #128)

Synopsis

This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.

Copyright:

2019

Book Details

Book Quality:

Publisher Quality

ISBN-13:

9783030155902

Related ISBNs:

9783030155889

Publisher:

Springer International Publishing

Date of Addition:

07/17/19

Copyrighted By:

Springer Nature Switzerland AG

Adult content:

No

Language:

English

Has Image Descriptions:

No

Categories:

Nonfiction, Reference, Law, Legal Issues and Ethics, Philosophy

Submitted By:

Bookshare Staff

Usage Restrictions:

This is a copyrighted book.