£56.25

Harvard University Press Judging Under Uncertainty: An Institutional Theory of Legal Interpretation

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£133.12 £48.09 £66.64 £85.19 £103.75 £122.30 £140.85 23 May 2024 28 October 2024 05 April 2025 10 September 2025 16 February 2026

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269 days · current 150 days 98 days 114 days 4 days 0 67 135 202 269 £56-71 £71-87 £87-102 £102-118 £118-133 Days at Price

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Description

How should judges, in America and elsewhere, interpret statutes and the Constitution? Previous work on these fundamental questions has typically started from abstract views about the nature of democracy or constitutionalism, or the nature of legal language, or the essence of the rule of law. From these conceptual premises, theorists typically deduce an ambitious role for judges, particularly in striking down statutes on constitutional grounds. In this book, Adrian Vermeule breaks new ground by rejecting both the conceptual approach and the judge-centered conclusions of older theorists. Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. Drawing upon a range of social science tools from political science, economics, decision theory, and other disciplines, he argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty. In view of their limited information and competence, judges should adopt a restrictive, unambitious set of tools for interpreting statutory and constitutional provisions, deferring to administrative agencies where statutes are unclear and deferring to legislatures where constitutional language is unclear or states general aspirations.

Product Specifications

Format
hardcover
Domain
Amazon UK
Release Date
12 May 2006
Listed Since
13 February 2007

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