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
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
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