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Interpretation and Legal Theory - Andrei Marmor

Interpretation and Legal Theory

Paperback

Published: 25th April 2005
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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.

Andrei Marmor...has become one of the foremost representatives of his field...provides a powerful critical assessment of Dworkin's methodological turn, away from analytical jurisprudence towards a general theory of interpretation...a challenging contribution to an ongoing, arguably perennial debate. Cristoph Konrath Law and Politics Book Review, Vol 16, No 4 April 2006

Preliminary Foreword: B Massey
A Lawson and C Gooding, Introduction
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L Clements and J Read, The Dog That Didn't Bark: The Issue of Access to Rights under the European Convention on Human Rights by Disabled People
O De Schutter, Reasonable Accommodations and Positive Obligations in the European Convention on Human Rights
I Cram, Hate Speech and Disabled People: Some Comparative Constitutional Thoughts
Anti-Discrimination Laws Chapter 6: T Degener, Disability Discrimination Law: A Global Comparative Approach
L Waddington, Implementing the Disability Provisions of the Framework Employment Directive: Room for Exercising National Discretion
C Gooding and C Casserley, Open for All? Disability Discrimination Laws in Europe Relating to Goods and Services
J Schoonheim and D Ruebain, Reflections on Inclusion and Accommodation in Childhood Education: From International Standard Setting to National Implementation
Achieving Equality Through Law? Chapter 10: A Hendriks, Promoting Disability Equality after the Treaty of Amsterdam: New Legal Directions and Practical Expansion Strategies
S Fredman, Does Disability Equality Challenge the Existing Anti-Discrimination Paradigm?
C O'Cinneide, A New Generation of Equality Legislation? Positive Duties and Disability Rights
N O'Brien, The UK Disability Rights Commission and Strategic Law Enforcement: Transcending the Common Law Mind
A Lawson, Mind the Gap! Normality, Difference and the Danger of Disablement Through Law
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9781841134246
ISBN-10: 1841134244
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 185
Published: 25th April 2005
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 22.86 x 15.24  x 1.27
Weight (kg): 0.32
Edition Number: 1