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 : 85. 10 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 : 44. 29 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

Interpretation In International Law

Author : Andrea Bianchi
ISBN : 9780191038709
Genre : Law
File Size : 52. 44 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.

Law S Task

Author : Louis E. Wolcher
ISBN : 9781317107255
Genre : Law
File Size : 40. 75 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.

Deconstruction And The Possibility Of Justice

Author : Drucilla Cornell
ISBN : 9781134935154
Genre : Philosophy
File Size : 64. 19 MB
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First published in 1993. Routledge is an imprint of Taylor & Francis, an informa company.

Justice And Interpretation

Author : Georgia Warnke
ISBN : 026273110X
Genre : Philosophy
File Size : 70. 30 MB
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In this book, she traces the myriad ways in which interpretive perspectives have come to prominence in modem political philosophy. 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.

Moral Aspects Of Legal Theory

Author : David Lyons
ISBN : 0521438357
Genre : Law
File Size : 29. 59 MB
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In this volume, Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice.

Doing Justice To Court Interpreting

Author : Miriam Shlesinger
ISBN : 9789027222565
Genre : Language Arts & Disciplines
File Size : 79. 88 MB
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First published as a Special Issue of "Interpreting" (10:1, 2008) and complemented with two articles published in "Interpreting" (12:1, 2010), this volume provides a panoramic view of the complex and uniquely constrained practice of court interpreting. In an array of empirical papers, the nine authors explore the potential of court interpreters to make or break the proceedings, from the perspectives of the minority language speaker and of the other participants. The volume offers thoughtful overviews of the tensions and conflicts typically associated with the practice of court interpreting. It looks at the attitudes of judicial authorities towards interpreting, and of interpreters towards the concept of a code of ethics. With further themes such as the interplay of different groups of "linguists" at the Tokyo War Crimes Tribunal and the language rights of indigenous communities, it opens novel perspectives on the study of interpreting at the interface between the letter of the law and its implementation.

Law Justice And The State

Author : International Association for Philosophy of Law and Social Philosophy. World Congress
ISBN : 3515066055
Genre : Civil rights
File Size : 25. 98 MB
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Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (IVR), Reykjavík, 26 May-2 June, 1993.

The Moral Fool

Author : Hans-Georg Moeller
ISBN : 9780231519243
Genre : Philosophy
File Size : 33. 36 MB
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Justice, equality, and righteousness these are some of our greatest moral convictions. Yet in times of social conflict, morals can become rigid, making religious war, ethnic cleansing, and political purges possible. Morality, therefore, can be viewed as pathology-a rhetorical, psychological, and social tool that is used and abused as a weapon. An expert on Eastern philosophies and social systems theory, Hans-Georg Moeller questions the perceived goodness of morality and those who claim morality is inherently positive. Critiquing the ethical "fanaticism" of Western moralists, such as Immanuel Kant, Lawrence Kohlberg, John Rawls, and the utilitarians, Moeller points to the absurd fundamentalisms and impracticable prescriptions arising from definitions of good. Instead he advances a theory of "moral foolishness," or moral asceticism, extracted from the "amoral" philosophers of East Asia and such thinkers as Ludwig Wittgenstein and Niklas Luhmann. The moral fool doesn't understand why ethics are necessarily good, and he isn't convinced that the moral perspective is always positive. In this way he is like most people, and Moeller defends this foolishness against ethical pathologies that support the death penalty, just wars, and even Jerry Springer's crude moral theater. Comparing and contrasting the religious philosophies of Christianity, Daoism, and Zen Buddhism, Moeller presents a persuasive argument in favor of amorality.

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