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

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.
Les mer
This book critically assesses Dworkin's methodological turn away from analytical jurisprudence towards a theory of interpretation.

1. INTRODUCTION
2. MEANING AND INTERPRETATION
3. DWORKIN’S THEORY OF INTERPRETATION AND THE NATURE OF JURISPRUDENCE
4. COHERENCE, HOLISM, AND INTERPRETATION: THE EPISTEMIC FOUNDATION OF DWORKIN’S LEGAL THEORY
5. SEMANTICS, REALISM, AND NATURAL LAW
6. CONSTRUCTIVE IDENTIFICATION AND RAZIAN AUTHORITY
7. NO EASY CASES?
8. LEGISLATIVE INTENT AND THE AUTHORITY OF LAW
9. CONSTITUTIONAL INTERPRETATION

Les mer
This is a revised and extensively rewritten edition of one of the most influential monographs on legal philosophy published in recent years.

Produktdetaljer

ISBN
9781841134246
Publisert
2005-04-25
Utgiver
Bloomsbury Publishing PLC
Høyde
234 mm
Bredde
156 mm
Dybde
9 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
185

Forfatter

Biografisk notat

Andrei Marmor is Professor of Law and Professor of Philosophy at the University of Southern California.