Legal Interpretation and Scientific Knowledge

Legal Interpretation and Scientific Knowledge
Author :
Publisher : Springer Nature
Total Pages : 253
Release :
ISBN-10 : 9783030186715
ISBN-13 : 3030186717
Rating : 4/5 (717 Downloads)

Book Synopsis Legal Interpretation and Scientific Knowledge by : David Duarte

Download or read book Legal Interpretation and Scientific Knowledge written by David Duarte and published by Springer Nature. This book was released on 2019-09-25 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.

Legal Interpretation and Scientific Knowledge Related Books

Legal Interpretation and Scientific Knowledge
Language: en
Pages: 253
Authors: David Duarte
Categories: Law
Type: BOOK - Published: 2019-09-25 - Publisher: Springer Nature

GET EBOOK

This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communicat
Judging Under Uncertainty
Language: en
Pages: 356
Authors: Adrian Vermeule
Categories: Law
Type: BOOK - Published: 2006 - Publisher: Harvard University Press

GET EBOOK

In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and t
Modern Legal Interpretation
Language: en
Pages: 203
Authors: Marko Novak
Categories: Law
Type: BOOK - Published: 2019-01-24 - Publisher: Cambridge Scholars Publishing

GET EBOOK

Legalism or legal formalism usually depicts judges as resolving cases by allegedly merely applying pre-existing legal rules. They do not seem to legislate, exer
Purposive Interpretation in Law
Language: en
Pages: 444
Authors: Aharon Barak
Categories: Law
Type: BOOK - Published: 2011-10-16 - Publisher: Princeton University Press

GET EBOOK

This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and jurists apply differ
Statutory Interpretation
Language: en
Pages: 347
Authors: Douglas Walton
Categories: Law
Type: BOOK - Published: 2021-01-21 - Publisher: Cambridge University Press

GET EBOOK

Combining pragmatics, dialectics, analytics, and legal theory, this work translates interpretative canons into patterns of natural argument.