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Interpretivism and the limits of law
Title
Interpretivism and the limits of law / edited by Tomasz Gizbert-Studnicki (Department of Legal Theory, Jagiellonian University, Kraków, Poland), Francesca Poggi (Department 'Cesare Beccaria', University of Milan, Milan, Italy) and Izabela Skoczeń (Department of Legal Theory, Jagiellonian University, Kraków, Poland).
ISBN
9781802209327 (e-book)
Publication
Northampton : Edward Elgar Publishing, 2022.
Physical Description
1 online resource (264 pages).
Notes
Description based on print record.
Summary
"What does it mean to understand the law? This challenging book discusses whether and how understanding the law is qualitatively different from understanding a different, non-legal text or linguistic utterance, and whether knowledge of a language is sufficient to understand legal content in that language. Providing a comprehensive overview of current studies of interpretivism, both in the common and civil law systems, this book applies state of the art theories and tools of modern philosophy of language to shed new light on traditional questions in legal theory. Chapters discuss the normative importance and descriptive impact of moral inferences in legal interpretation and critically analyse the claims of legal interpretivism, uncovering the most recent versions of legal positivism. The impressive selection of leading contributors explore an array of important topics including metaethics, expressivism and legal semantics. Outlining a new direction of study and delineating the path for future research on moral inferences in legal interpretation, this timely book will be a thought-provoking read for legal scholars and students interested in legal theory, philosophy and interpretation"-- Provided by publisher.
Format
Books / Online
Language
English
Added to Catalog
March 15, 2023
Series
Elgar studies in legal theory.
Bibliography
Includes bibliographical references and index.
Contents
Contents: 1. Introduction to interpretivism and the limits of law / Izabela Skoczeń
Part I. Legal reasoning through the lens of interpretivism
2. Practical reasoning and the communicative model of law / Brian H Bix
3. Legal antipositivism and the reliability challenge in metaethics / David Plunkett
4. The meaning and interpretation of statutes in anglo-american legal systems / Jeffrey Goldsworthy
5. The communication theory as a phantom / Tomasz Gizbert-Studnicki and Francesca Poggi
Part II. Interpretivism versus the communicative model of legal reasoning
6. Why the anti-positivists' concept of practice is too thin / Marcin Matczak
7. Legal interpretivism: All or some? / Adam Dyrda
8. Interpretation and the bounds of reason / Giovanni Tuzet
Part III. Legal interpretation and legal meaning
9. The authoritative intention thesis / Torben Spaak
10. Distinguishing the distinguishable: Interpretative norms and interpretative criteria in adjudication of meaning / David Duarte and Pedro Moniz Lopes
11. From rule-scepticism to the interpretive orthodoxy? On wittgenstein, legal theory, and the difference between understanding and interpreting a rule / Paolo Sandro
Part IV. The semantics and meta-semantics of legal content
12. Semantic theories and interpretation: A critique of michael s green's 'dworkin's fallacy' / Thomas Bustamante and Thiago Lopes Decat
13. When expressiveness flows back: The symbolic functions of legislation and their legal significance / Francesco Ferraro
14. Expressivism and the ex aequo et bono adjudication method / Izabela Skoczeń and Krzysztof Posłajko
15. Semantics of institutional names / Paweł Banaś
Index.
Subjects
Genre/Form
Electronic books.
Also listed under
Edward Elgar Publishing, publisher.
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