
The claim that legal theory is best viewed in the light of a theory of interpretation is subjected here to a comprehensive and critical examination. Interpretation and Legal Theory contains both a critical analysis of some of the most influential interpretative theories of law and an elaborate attempt to defend the legal positivist school of thought in the light of this interpretative challenger, and contains an analysis of the nature of interpretation, the role of authors' intentions in interpretation, the nature of legal theory, and an application of these theoretical considerations to a theory of adjudication in law.
This book investigates whether legal theory is fundamentally dependent upon a theory of interpretation. Andrei Marmor, a prominent scholar in legal philosophy, evaluates the interpretative turn in jurisprudence by contrasting it against traditional legal positivism. He utilizes analytical philosophy to dissect the role of authorial intent and the nature of adjudication, ultimately arguing for the continued relevance of positivist frameworks in the face of interpretative challenges.
What You Will Find
Legal scholars and students of jurisprudence frequently identify this text as a rigorous contribution to the debate between positivist and interpretative schools of thought. Experts highlight the book's analytical density and its precise engagement with the foundational questions of legal philosophy.
Page Count:
208
Publication Date:
1992-10-01
Publisher:
Oxford University Press
ISBN-10:
0198256914
ISBN-13:
9780198256915
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