justice and the ethics of legal interpretation

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Justice And The Ethics Of Legal Interpretation

Author : Susanna Lindroos-Hovinheimo
ISBN : 9781136466007
Genre : Philosophy
File Size : 62. 72 MB
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Justice and the Ethics of Legal Interpretation addresses how it is that legal texts -laws, statutes and regulations – can, and do have meaning. Conventionally, legal decisions are justified with reference to language. But since language is always open to interpretation, and so cannot fully justify any legal decision, there is a responsibility that is inherent in legal interpretation itself. In this book, Susanna Lindroos-Hovinheimo uncovers and analyses this responsibility – which, she argues, is not limited by the text that is being interpreted (and through its mediation, by the legal system). It is not simply a responsibility to read well; it implies a responsibility for the effects of the interpretation in a particular situation and with regard to those whose case is being decided. Ultimately, it is a responsibility to do justice. It is these two aspects of responsibility that are conceptualised here as the two key dimensions of the ethics of legal interpretation: the textual and the situational. Drawing on the work of Wittgenstein, Gadamer, Derrida and Levinas, Justice and the Ethics of Legal Interpretation offers a fresh approach to long-standing questions about language and meaning in law. It will be of enormous value to those with interests in jurisprudence and legal theory.

Just Interpretations

Author : Michel Rosenfeld
ISBN : 0520210972
Genre : Law
File Size : 75. 87 MB
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"An important contribution to contemporary jurisprudential debate and to legal thought more generally, "Just Interpretations" is far ahead of currently available work."--Peter Goodrich, author of "Oedipus Lex" "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of "Law and the Company We Keep"

Law And Art

Author : Oren Ben-Dor
ISBN : 9781136719745
Genre : Art
File Size : 44. 17 MB
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In engaging with the full range of 'the arts', contributors to this volume consider the relationship between law, justice, the ethical and the aesthetic. Art continually informs the ethics of a legal theory concerned to address how theoretical abstractions and concrete oppressions overlook singularity and spontaneity. Indeed, the exercise of the legal role and the scholarly understanding of legal texts were classically defined as ars iuris - an art of law - which drew on the panoply of humanist disciplines, from philology to fine art. That tradition has fallen by the wayside, particularly in the wake of modernism. But approaching art in that way risks distorting the very inexpressibility to which art is attentive and responsive, whilst remaining a custodian of its mystery. The novelty and ambition of this book, then, is to elicit, in very different ways, styles and orientations, the importance of the relationship between law and art. What can law and art bring to one another, and what can their relationship tell us about how truth relates to power? The insights presented in this collection disturb and supplement conventional accounts of justice; inaugurating new possibilities for addressing the origin of violence in our world.

Interpreting Justice

Author : Moira Inghilleri
ISBN : 9781136511851
Genre : Language Arts & Disciplines
File Size : 41. 77 MB
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In this timely study, Inghilleri examines the interface between ethics, language, and politics during acts of interpreting, with reference to two particular sites of transnational conflict: the political and judicial context of asylum adjudication and the geo-political context of war. The book characterizes the social and moral spaces in which the translation of the spoken word occurs in ways that reflect the realities of the trans-nationally constituted, locally and globally informed environments in which interpreters work alongside others. One of the core arguments is that the rather restricted notion of neutrality that remains central to translator and interpreter practices does not adequately reflect the complex and paradoxical nature of these socially and politically inscribed encounters and others like them. This study offers an alternative theoretical perspective on language and ethics to those which have shaped and informed translation and interpreting theory and practice in recent years.

Law S Task

Author : Louis E. Wolcher
ISBN : 9781317107262
Genre : Law
File Size : 30. 69 MB
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What is the ultimate task of law? This deceptively simple question guides this volume towards a radically original philosophical interpretation of law and justice. Weaving together the philosophical, jurisprudential and ethical problems suggested by five general terms - thinking, human suffering, legal meaning, time and tragedy - the book places the idea of law's ultimate task in the context of what actually happens when people seek to do justice and enforce legal rights in a world that is inflected by the desperation and suffering of the many. It traces the rule of law all the way down to its most fundamental level: the existence of universal human suffering and how it is that law-doers inflict or tolerate that suffering.

Interpretation In International Law

Author : Andrea Bianchi
ISBN : 9780191038709
Genre : Law
File Size : 78. 66 MB
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International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

A Theory Of Justice

Author : John RAWLS
ISBN : 9780674042605
Genre : Philosophy
File Size : 37. 12 MB
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Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

Justice And Interpretation

Author : Georgia Warnke
ISBN : 026273110X
Genre : Philosophy
File Size : 59. 93 MB
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Georgia Warnke began her career by studying the work of Hans-Georg Gadamer, the foremost contemporary proponent of hermeneutics, a philosophical approach that centers on interpretation as dialogue across times and cultures. In this book, she traces the myriad ways in which interpretive perspectives have come to prominence in modem political philosophy. Focusing on the work of John Rawls, Michael Walzer, Ronald Dworkin, Charles Taylor, Alasdair MacIntyre, and Jurgen Habermas, Warnke finds an increasing concern with the grounding of political norms in communal values rather than on abstract, universal principles.Warnke develops the implications of this hermeneutic turn in political philosophy, identifying and defining a range of unresolved problems and suggesting a new model of democracy that takes free and equal discussion and mutual education as its primary values.Georgia Warnke is Professor of Philosophy, University of California at Riverside.

Justice For Hedgehogs

Author : Ronald Dworkin
ISBN : 9780674071964
Genre : Philosophy
File Size : 62. 22 MB
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In Dworkin’s master work, the central thesis is that all areas of value depend on one another. This is one, big thing that the hedgehog knows, in contrast to the fox, who knows many little things. Dworkin’s understanding of the relationship—between ethics, morality, and political morality—is significantly revised and also greatly elaborated. He argues that “dignity” is the essential core of living well and that a satisfactory account of dignity would, in turn, point to two principles. The first states that it is objectively important that each person’s life go well; and the second that each person has a special responsibility for identifying what counts as success in his or her own life. Dworkin believes that values cohere and that in order to defend that coherence he has to take up a broad variety of philosophical issues that are not normally treated in one book. He discusses the metaphysics of value, the character of truth, the nature of interpretation, the conditions of agreement and disagreement, the phenomenon of moral responsibility and the problem of free will as well as more substantive issues of ethical, moral and legal theory.

The Philosophy Of The Limit

Author : Drucilla Cornell
ISBN : 9781134711062
Genre : Social Science
File Size : 49. 70 MB
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In The Philosophy of the Limit Drucilla Cornell examines the relationship of deconstruction to questions of ethics, justice and legal interpretation. She argues that renaming deconstruction "the philosophy of the limit" will allow us to be more precise about what deconstruction actually is philosophically and hence to articulate more clearly its significance for law. Cornell's focus on the importance of the limit and the centrality of the gender hierarchy allows her to offer a view of jurisprudence different from both the critical social theory and analytic jurisprudence.

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