Description
In Legal Interpretation, Kent Greenawalt focuses on the complex and multi-faceted topic of textual interpretation of the law. All law needs to be interpreted, and there are many ways to do it. But what sorts of questions must one seek to answer in interpreting law and what approach should one take in each case? Whose interpretations should be prioritized? Why would one be drawn to one strategy over another? And should legal interpretation seek to satisfy specific aims or general objectives? In order to provide the answers to these questions, Greenawalt explores the ways in which interpretive strategies from other disciplines--the philosophy of language, literary and musical interpretation, religious interpretation, and general interpretive theory--can augment and enrich methods of legal interpretation. Over the course of the book, he suggests how such forms of interpretation are analogous to legal interpretation--and points to those cases in which interpretation must rest on the distinctive aspects of legal theory, such as is the case with private documents. Furthermore, Greenawalt's meditation suggests that interpretive strategies from other disciplines can shed light on the essential nature of legal interpretation and provide roads by which to account for dissonance between various methods of interpretation. Legal Interpretation is a thought-provoking reflection on the ways that insights from a range of intellectual traditions can deepen our understanding of law, particularly with regard to constitutional law.
Table of Contents
1. Introduction: Dimensions of InquiryPart One: Insights from Other Disciplines2. Speaker Intent and Convention; Linguistic Meaning and Pragmatics; Vagueness and Indeterminacy: Three Topics in the Philosophy of Language3. Literary Interpretation, Performance Art, and Related Subjects 4. Religious Interpretation5. General Theories of Interpretation6. Starting from the Bottom: Informal InstructionsPart Two: Interpreting Legally Authoritative Texts of Private Individuals7. The Law of Agency8. Wills9. Contracts10. Judicial Alterations of Textual Provisions: Cy Pres and Relatives11. Conclusion and a Comparison
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