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Jul 7, 2021 · Theories of legal interpretation do not, however, purport to offer guidance on other issues, such as how to make discretionary decisions not controlled by legal standards or whether to follow the law. The most important arguments in favor of this understanding of legal interpretation are the main arguments against the linguistic-meaning and ...
- Bounded Rationality
In an evolutionary interpretation of repeated games, each...
- Legal Interpretivism
1. The grounds of law. Interpretivism is a thesis about the...
- Naturalism in Legal Philosophy
1. Varieties of Naturalism: Methodological and Substantive....
- Bounded Rationality
Feb 10, 2017 · Like other parts of the law, what we call “the law of interpretation” has a claim to guide the actions of judges, officials, and private interpreters — even if it isn’t ideal. We argue that legal interpretive rules are conceptually possible, normatively sensible, and actually part of our legal system. This Article thus reframes the ...
The Meaning of Legal “Meaning” and Its Implications for Theories of Legal Interpretation, 82 U. Chi. L. Rev. 1235, 1238–39 (2015) [hereinafter Fallon, Meaning of Legal Meaning] (addressing interpretive choice in terms of a choice of legal meaning); Mark Greenberg, Legal Interpretation and Natural Law, 89 Fordham L. Rev. 109, 109–10 ...
Introduction. William Baude and Stephen Sachs argue for the importance of the “law of interpretation” — legal standards that govern how statutes, constitutional provisions, and other legal materials are to be interpreted. 1 Their article begins by following and developing a cluster of arguments I have elaborated in recent work — arguments that emphasize the importance of distinguishing ...
Theory, roughly speaking, legal interpretation requires ascertaining the moral consequences of. the ratification of constitutions, enactment of statutes, and other actions of legal institutions.32. Finally, on the widespread implicit picture of law according to which the content of the law is.
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Dec 16, 2023 · Introduction. The intention of lawmakers occupies a dominant place in statutory interpretation. Some authors have even argued that determining the meaning of a statutory provision amounts to determining the lawmaker’s intention (Bennion 2001, p. 10). Furthermore, it has been maintained that legislative intention is the “essence” of a ...
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Legal interpretation is neither a subfield of linguistics nor an exercise in policymaking. Rather, it is deeply shaped by preexisting legal rules. These rules tell us what legal materials to read and how to read them. Like other parts of the law, what we call "the law of interpretation" has a claim to guide the actions of judges, officials, and ...
