9781841134246-1841134244-Interpretation and Legal Theory

Interpretation and Legal Theory

ISBN-13: 9781841134246
ISBN-10: 1841134244
Edition: 2
Author: Marmor, Andrei
Publication date: 2005
Publisher: Hart Publishing
Format: Paperback 185 pages
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Book details

ISBN-13: 9781841134246
ISBN-10: 1841134244
Edition: 2
Author: Marmor, Andrei
Publication date: 2005
Publisher: Hart Publishing
Format: Paperback 185 pages

Summary

Acknowledged authors Marmor, Andrei wrote Interpretation and Legal Theory comprising 185 pages back in 2005. Textbook and eTextbook are published under ISBN 1841134244 and 9781841134246. Since then Interpretation and Legal Theory textbook was available to sell back to BooksRun online for the top buyback price or rent at the marketplace.

Description

This is a revised and extensively rewritten edition of one of the most influential monographs on legal philosophy published in recent years. Writing in the introduction to the first edition the author characterized Anglophone philosophers as being ..."divided, and often waver[ing] between two main philosophical objectives: the moral evaluation of law and legal institutions, and an account of its actual nature." Questions of methodology have therefore tended to be sidelined, but were bound to surface sooner or later, as they have in the later work of Ronald Dworkin. The main purpose of this book is to provide a critical assessment of Dworkin's methodological turn, away from analytical jurisprudence towards a theory of interpretation, and the issues it gives rise to. The author argues that the importance of Dworkin's interpretative turn is not that it provides a substitute for 'semantic theories of law' (a dubious concept), but that it provides a new conception of jurisprudence, aiming to present itself as a comprehensive rival to the conventionalism manifest in legal positivism. Furthermore, once the interpretative turn is regarded as an overall challenge to conventionalism, it is easier to see why it does not confine itself to a critique of method. Law as interpretation calls into question the main tenets of its positivist rival, in substance as well as method. The book re-examines conventionalism in the light of this interpretative challenge.

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