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Springer Interpretation without Truth: A Realistic Enquiry: 128 (Law and Philosophy Library, 128)

Name: Interpretation without Truth: A Realistic Enquiry: 128 (Law and Philosophy Library, 128)
Brand: Springer

Encyclopaedias

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This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.

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Brand: Springer
Format: hardcover
ASIN: 3030155889
Category: Books > Subjects > Business, Finance & Law > Law > Encyclopaedias
Domain: Amazon UK
Release Date: 25 June 2019
Listed Since: 13 February 2019

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Springer Interpretation without Truth: A Realistic Enquiry: 128 (Law and Philosophy Library, 128)

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