Interpretation

LAW AND THE HUMANITIES: AN INTRODUCTION, Austin Sarat, Matt Anderson, Cathrine O. Frank eds., pp. 339-376, 2010

UNLV William S. Boyd School of Law Legal Studies Research Paper No. 10-15

39 Pages Posted: 13 Apr 2010 Last revised: 28 Jul 2010

See all articles by Francis Joseph Mootz III

Francis Joseph Mootz III

University of the Pacific - McGeorge School of Law

Date Written: 2010

Abstract

In this chapter from "Law and the Humanities: An Introduction," published by Cambridge University Press, I first survey various theoretical approaches to interpretation, including natural law, analytical legal positivism, law as communication (originalism, intentionalism, and new textualism), and the hermeneutical turn. I then discuss the role of interpretation in contract law, statutory law and constitutional law, to situate the theories in practice.

Keywords: Interpretation, Hermeneutics, New Textualism, Originalism, Intentionalism, Natural Law, Legal Positivism, contract interpretation, statutory interpretation, constitutional interpretation

Suggested Citation

Mootz, Francis Joseph, Interpretation (2010). LAW AND THE HUMANITIES: AN INTRODUCTION, Austin Sarat, Matt Anderson, Cathrine O. Frank eds., pp. 339-376, 2010, UNLV William S. Boyd School of Law Legal Studies Research Paper No. 10-15, Available at SSRN: https://ssrn.com/abstract=1589065

Francis Joseph Mootz (Contact Author)

University of the Pacific - McGeorge School of Law ( email )

3200 Fifth Avenue
Sacramento, CA 95817
United States

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