Switch to: References

Citations of:

Law as Interpretation

Critical Inquiry 9 (1):179-200 (1982)

Add citations

You must login to add citations.
  1. Should Bitcoin Be Classified as Money?Asya Passinsky - 2020 - Journal of Social Ontology 6 (2):281-292.
    The advent of virtual currencies such as bitcoin raises a pressing question for lawmakers, regulators, and judges: should bitcoin and other virtual currencies be classified as money or currency for legal and regulatory purposes? I examine two different approaches to answering this question—a descriptive approach and a normative approach. The descriptive approach says that bitcoin and other virtual currencies should be classified as money or currency just in case they really are money or currency, whereas the normative approach says that (...)
    Download  
     
    Export citation  
     
    Bookmark   10 citations  
  • Internal and external.Charles R. Beitz - 2014 - Canadian Journal of Philosophy 44 (2):225-238.
    James's Fairness in Trade seeks to offer an account of fair trade that is “internal” to an existing practice he describes as “mutual market reliance.” This paper distinguishes several senses of the distinction between “internal” and “external” that occur in the book and asks how, in its various senses, the distinction shapes and influences judgments about the fairness of the practice.
    Download  
     
    Export citation  
     
    Bookmark   7 citations  
  • Digital sovereignty and smart wearables: Three moral calculi for the distribution of legitimate control over the digital.Niël Henk Conradie & Saskia K. Nagel - 2022 - Journal of Responsible Technology 12 (C):100053.
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • Constitutional Interpretation and Institutional Perspectives: A Deliberative Proposal.Donald Bello Hutt - 2018 - Canadian Journal of Law and Jurisprudence 31 (2):235-255.
    Legal scholars generally consider the theorisation and constitutionalisation of constitutional interpretation as a matter for the courts. This article first challenges this tendency on conceptual grounds, showing that no institutional commitment follows from the nature of interpretation in law, constitutional law included. It then provides guidance for thinking about institutional perspectives according to two criteria: the nature and normative strength of the sources interpreted and the capacity of the interpreter to include and consider every possibility affected when her interpretation carries (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • Novelty and revolution in art and science: The connection between Kuhn and Cavell.Vasso Kindi - 2010 - Perspectives on Science 18 (3):284-310.
    Both Kuhn and Cavell acknowledge their indebtedness to each other in their respective books of the 60s. Cavell in (Must We Mean What We Say (1969)) and Kuhn in (The Structure of Scientific Revolutions 1962). They were together at Berkeley where they had both moved in 1956 as assistant professors after their first encounter at the Society of Fellows at Harvard (Kuhn 2000d, p. 197). In Berkeley, Cavell and Kuhn discovered a mutual understanding and an intellectual affinity. They had regular (...)
    Download  
     
    Export citation  
     
    Bookmark   4 citations  
  • The Dredd-Ful Day of Judgement: Judicial Models and the Twilight of the West.Mark Thomas - 2021 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 35 (5):2107-2142.
    I am the LawIt is hard to imagine two more disparate characters than Judge Joseph Dredd and Hercules J—the one an over-muscular, faceless and heavily armed street judge astride a Lawmaster motorcycle who overidentifies with his role ; the other devoid of any physical presence or image, and structurally decoupled from the execution of law by a fierce determination to maintain the separation of powers and accountability which Dredd so effortlessly ignores. Hercules J is the embodiment of an intellectualised, yet (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • The polycentric character of business ethics decisionmaking in international contexts.Kevin T. Jackson - 2000 - Journal of Business Ethics 23 (1):123 - 143.
    Many ethical issues facing managers of multinational corporations are polycentric problems. That is, they involve a number of distinct centers -- each of which define rights and obligations of a multiplicity of affected parties -- and resolving matters around one center typically creates unpredictable repercussions around one or more of the other centers. Polycentricity is a normative phenomenon especially unsuited for adjudication, often requiring recourse to alternative processes of contract (or reciprocal adjustment) and managerial direction. This study explores how such (...)
    Download  
     
    Export citation  
     
    Bookmark   3 citations  
  • Some historiographical tools for the study of intellectual legacies.François Allisson & Antoine Missemer - 2020 - Studies in History and Philosophy of Science Part A 84 (C):132-141.
    Download  
     
    Export citation  
     
    Bookmark  
  • Jurisprudence, deconstruction and literary theory: A brief survey and critical review.Christopher Norris - 1995 - Res Publica 1 (1):57-69.
    Download  
     
    Export citation  
     
    Bookmark  
  • Legal reasoning and practical political education.Ira Strauber - 1991 - Social Epistemology 5 (1):38 – 43.
    Download  
     
    Export citation  
     
    Bookmark  
  • Between law and social norms: The evolution of global governance.Gralf-Peter Calliess & Moritz Renner - 2009 - Ratio Juris 22 (2):260-280.
    Abstract. It is commonplace that economic globalization poses new challenges to legal theory. But instead of responding to these challenges, legal scholars often get caught up in heated yet purely abstract discussions of positivist and legal pluralist conceptions of the law. Meanwhile, economics-based theories such as "Law and Social Norms" have much less difficulty in analysing the newly arising forms of private and hybrid "governance without government" from a functional perspective. While legal theory has much to learn from these approaches, (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • New (Post-?) Textualities and the Autonomy Claim: Rethinking Law’s Quest for Normative Convergence in Dialogue with Law and Aesthetics’ Heterodoxy.Brisa Paim Duarte - 2021 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 35 (1):231-258.
    Beginning by offering an overview on legal aesthetic humanisms as a specific embodiment of critical discourse, and discussing the ways the recreation of juridical experience, rationality, and culture underpinning such a criticism, leaving behind monolithic views on textuality, judgment, and subjectivity, positively contributes to unsettling the main assumptions underlying typical understandings of law’s autonomy—mostly those of formal specification of juridical “sources” and “scientific” isolation of legal thought—, this paper argues that simply reproducing aesthetic heterodoxy as the epitome of a humanist (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • A theory of legislation from a systems perspective.Peter Harrison - unknown
    In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates. The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Narratives as the Cultural Context of Law.Martin Škop - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (1):101-111.
    Law can be characterised as a highly specialized tool with strong social impact requiring social legitimization and acceptance. Law is also specific, abstract world. World that needs words to exist. To understand law and to share its content it is important to focus on narratives related to it. The article deals with the importance of narration in law as the consequence of discursive peculiarity of law and its dependence on the acceptance of societies. Law is culturally conditioned, and by means (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Judicial Practical Reason: Judges in Morally Imperfect Legal Orders.Anthony R. Reeves - 2011 - Law and Philosophy 30 (3):319-352.
    I here address the question of how judges should decide questions before a court in morally imperfect legal systems. I characterize how moral considerations ought inform judicial reasoning given that the law may demand what it has no right to. Much of the large body of work on legal interpretation, with its focus on legal semantics and epistemology, does not adequately countenance the limited legitimacy of actual legal institutions to serve as a foundation for an ethics of adjudication. I offer (...)
    Download  
     
    Export citation  
     
    Bookmark   1 citation  
  • The Contradictions of Conscience: Unravelling the Structure of Obligation in Equity.Matthew Stone - 2019 - Law and Critique 30 (2):159-178.
    Conscience rests within the heart of equity, yet it is a manifestly nebulous and contradictory concept. In particular, equity has never been clear about exactly whose conscience we are concerned with: the Chancellor or judge, or the court, or the defendant? Furthermore, in some lights conscience appears to compel obedience to the authority of law, whilst in others it gives expression to ethical drives that escape the formal strictures of legal rules. Contextualised within the broader history of ideas of Western (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Anderson v Dredd [2138] Megacity LR (A) 1.Mark Thomas - 2021 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 35 (2):605-647.
    Chief Judge Achilles and Judge Hera – uniqueness of proceedings – the nature of judicial decision-making – the judicial order of Mega-city One – source of judicial power – judicial styles – qualities required for judicial office – context of judicial action – requirement of reflection – interpretation and meaning in enforcement of law – adjudicative models – law as horrific – legal theories – Hans Kelsen – Justice Hercules – Jacques DerridaJudge Howard – critical assessment of judicial order of (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • The Grotius Sanction: Deus Ex Machina. The legal, ethical, and strategic use of drones in transnational armed conflict and counterterrorism.James Welch - 2019 - Dissertation, Leiden University
    The dissertation deals with the questions surrounding the legal, ethical and strategic aspects of armed drones in warfare. This is a vast and complex field, however, one where there remains more conflict and debate than actual consensus. -/- One of the many themes addressed during the course of this research was an examination of the evolution of modern asymmetric transnational armed conflict. It is the opinion of the author that this phenomenon represents a “grey-zone”; an entirely new paradigm of warfare. (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • The Hermeneutic of Suspicion in Contemporary American Legal Thought.Duncan Kennedy - 2014 - Law and Critique 25 (2):91-139.
    This article explores the ‘hermeneutic of suspicion’ that seems to drive contemporary American jurists to interpret their opponents’ arguments to be ideologically motivated wrong answers to legal questions. The first part situates the hermeneutic in the history of the critique of legal reasoning, in public and private law, particularly the critique that claims that ‘no right answer is possible’ to many high-stakes questions of legal interpretation. The second part locates the hermeneutic in the long running processes of juridification, judicialization and (...)
    Download  
     
    Export citation  
     
    Bookmark   2 citations  
  • Perfection and Fiction : A study in Iris Murdoch's Moral Philosophy.Frits Gåvertsson - 2018 - Dissertation, Lund University
    This thesis comprises a study of the ethical thought of Iris Murdoch with special emphasis, as evidenced by the title, on how morality is intimately connected to self-improvement aiming at perfection and how the study of fiction has an important role to play in our strive towards bettering ourselves within the framework set by Murdoch’s moral philosophy.
    Download  
     
    Export citation  
     
    Bookmark  
  • Spatial Aspects of Moral Judgements in Lawyers’ Heaven, Peoples’ Earth and Malefactors’ Hell: Leibniz, the Austro-Marxists and Durkheim’s Alleged ‘Disintegration’ Thesis.Mate Pasky - 2017 - Otrosiglo 1 (2):67-89.
    Ever since antiquity, lawyers and philosophers have essentially been divided over whether they should keep law, morality and politics separate, or whether the need for their unity is more compelling. In the wake of countless bloody conflicts worldwide, the durability and resilience of this discourse on laws and morals is at once both impressive and sad. The aim of this paper is to show that individual moral deliberation is essentially local and cannot be dissociated from the spatial-communitarian context – neither (...)
    Download  
     
    Export citation  
     
    Bookmark  
  • Domestic Courts' Reading of International Norms: A Semiotic Analysis. [REVIEW]Veronika Fikfak & Benedict Burnett - 2009 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 22 (4):437-450.
    This article focuses on a number of cases in international law in which US domestic courts have produced judgments that conflict with those given by the International Court of Justice. The nature of these courts’ judgments has been extremely closely tied to the interpretation given by the US national Executive to a certain international norm. This situation raises a number of questions, which can be broadly categorized into two spheres: the legal (regarding the overall legality of the courts’ decisions) and (...)
    Download  
     
    Export citation  
     
    Bookmark