The article distinguishes between the various arguments traditionally offered as justifications for the principle of academic freedom. Four main arguments are identified, three consequentialist in nature (the argument from truth, the democratic argument, the argument from autonomy), and one nonconsequentialist (a variant of the autonomy argument). The article also concentrates on the specific form these arguments must take in order to establish academic freedom as a principle distinct from the more general principles of freedom of expression and intellectual freedom.

Educational theory does not oppose educational practice, as manyseem to think; instead it is a form of practice and the action oftheory exists at two levels. At a cultural level theory ischaracterized by linguistic forms of action and at a social level it is characterized by the day to day practices thatorganize and reward the work of producing educational philosophy.While the social practices that govern the production ofphilosophy certainly beg for ethnographic attention,any consideration anthropologists or philosophers giveit will eventually find (...) its way to the page and hence tothe cultural forms of linguistic action that are thesubject of this paper. Focusing on how educationalphilosophers see the things that they do, as opposedto what they see, I will suggest that the wayeducational philosophy is fashioned is an importantpart of what is fashioned. Ironically, as I will show,the ``way'' of educational philosophy can flow with oragainst the ``what'' of it – an author, that is, can saythat they are for or against this or that, but their stylized way of saying it can contradict the literalmeaning of their words. (shrink)

The Voluntary Simplicity Movement can be understood broadly as a diverse social movement made up of people who are resisting high consumption lifestyles and who are seeking, in various ways, a lower consumption but higher quality of life alternative. The central argument of this paper is that the Voluntary Simplicity Movement or something like it will almost certainly need to expand, organise, radicalise and politicise, if anything resembling a degrowth society is to emerge in law through democratic processes. In a (...) sentence, that is the ‘grass-roots’ or ‘bottom up’ theory of legal and political transformation that will be expounded and defended in this paper. The essential reasoning here is that legal, political and economic structures will never reflect a post-growth ethics of macro-economic sufficiency until a post-consumerist ethics of micro-economic sufficiency is embraced and mainstreamed at the cultural level. (shrink)

This contribution to the second installment of the Common Knowledge symposium “Whatever Happened to Richard Rorty?” argues that the field of science studies should be understood as a way of inheriting, rather than fundamentally breaking with, Rorty's antifoundationalism and postepistemology. Taken together, the work of Bruno Latour, Isabelle Stengers, and Donna Haraway has been less about rebalancing the relative and the objective, and more about redrawing the checkerboard of knowledge into “in-disciplinary” styles of empirical philosophy. These styles rely on doubly (...) held commitments to radical empirical curiosity about, on the one hand, events of science and culture, and, on the other hand, promises of conceptual speculation for collective learning. This work is highly important for the novel perplexities of the Anthropocene, but not quite in the way that Gaskill proposed. (shrink)

In matters of governance, is believing subject to ethical standards? If so, what are the criteria how relevant are they in our personal and political culture today? The really important matters in politics and governance necessitate a confidence that our beliefs will lead dependably to predictable and verifiable outcomes. Accordingly, it is unethical to hold a belief that is founded on insufficient evidence or based on hearsay or blind acceptance. In this paper, we demonstrate that the pragmatist concept of truth (...) best meets this standard for ethically held belief in matters of politics and governance. Currently, these standards are abused by the gaslighting and distortion characteristics of the often social media driven ‘misinformation society’. The legitimacy and trust in our institutions and leadership that is requisite for good governance is challenged thereby, threatening the viability of our republic. (shrink)

Contemporary debates about scientific institutions and practice feature many proposed reforms. Most of these require increased efforts from scientists. But how do scientists’ incentives for effort interact? How can scientific institutions encourage scientists to invest effort in research? We explore these questions using a game-theoretic model of publication markets. We employ a base game between authors and reviewers, before assessing some of its tendencies by means of analysis and simulations. We compare how the effort expenditures of these groups interact in (...) our model under a variety of settings, such as double-blind and open review systems. We make a number of findings, including that open review can increase the effort of authors in a range of circumstances and that these effects can manifest in a policy-relevant period of time. However, we find that open review’s impact on authors’ efforts is sensitive to the strength of several other influences. (shrink)

This paper is an attempt to approach Stanley Fish’s anti-foundationalist argument whose clear formulation is found in the development of his literary theory. For this reason, we will start by, first, introducing Fish's literary theory, and, second, it is explored some aspects of Fish’s theories and their bonds with anti-foundationalism.

Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first two (...) sections interpret two texts at the intersections among these three theories, namely Percy Bysshe Shelley’s “A Defense of Poetry” and Alexis de Tocqueville’s Democracy in America. Shelley identifies a poetic rebirth in the ruins of natural law, suggesting a philosophy of law as “natural poesis.” And Tocqueville names several figurative aristocracies capable of redeploying aristocratic law against democratic despotism, suggesting a philosophy of law as “aristo-poetic counterforce.” Finally, I propose a new theory of law as poetry bridging these two theories, “natural aristo-poetic counterforce.”. (shrink)

En este artículo me propongo revisar en qué medida cabría atribuir a Wittgenstein la responsabilidad de haber propiciado un «giro retórico» con sus inquisiciones filosóficas, correlativo al giro más general, en el mismo sentido, que, según recientemente se ha venido reconociendo, habría sufrido nuestra cultura en los últimos tiempos. Dado que cabe leer la obra de Wittgenstein como si una de sus más pujantes preocupaciones consistiese en dilucidar qué debemos entender hoy por racionalidad, el mentado «giro retórico», de haberse cumplido (...) en él, podría leerse como algo que atañe cardinalmente a tal cuestión. Explicaremos primeramente, pues, en qué consiste efectuar un giro retórico en la filosofía acerca de la racionalidad; para trasladarnos posteriormente a sopesar la presencia de tal giro en Wittgenstein (y de Wittgenstein en tal giro). (shrink)

This paper takes a bottom-up approach to empirically investigate how people construct the meaning of obscenity, and offers an experientialist, cognitive linguistic account to explain why the term appears to defy definition and makes a problematic legal concept. To study the contextual dependence of the term, we examined the extent to which various item characteristics (such as genre, context, and the race or celebrity status of the people portrayed) and individual variables (such as gender, religion, sexual orientation and previous personal (...) and cultural experiences) influence our perception of seemingly obscene materials. We report correlations that have not been previously shown. The data support the thesis that the meaning of obscenity emerges in a cognitive-affective response that arises during a dynamic process of interpretation, and thus allows for extralegal factors to influence judgment. The results challenge the assumption that obscenity is a symbolic representation of objectively existing reality and argue that community standard of obscenity is a legal fiction. (shrink)

This paper considers the tension between timelessness and timeboundedness in legal interpretation, examining parallels between sacred texts and secular law. It is argued that familiar dualities such as those between statute and judge-made law, law and equity, written and spoken discourse, dictionary meaning versus intended or contextual meaning, can be examined using this timeless/timebounded framework. Two landmark English cases, DPP v Shaw (1961) and R v R (1991) are analyzed as illustrating contrasting aspects of the socio-legal politics of “reasoning backwards”. (...) The related temporal distinction between ex ante and ex post points of view is examined both within legal theory and as a key issue for linguistic and semiotic systems. The argument is made that this distinction is the key to a wide range of methodological and theoretical problems in relating linguistics and semiotics to law. (shrink)

In his most recent works, John Gray attempts to achieve two things: to refute the universalist tendencies of modern liberalism and to propose an alternative in the form of postmodern liberal conservatism. While largely supportive of the first, this paper is critical of the second undertaking, which seems a dubious attempt to synthesize postmodern liberal anthropology with a conservative conception of the social order.

This article aims to disrupt received views about the significance of J. L. Austin's contribution to philosophy of language. Its focus is Austin's 1955 lectures How To Do Things With Words . Commentators on the lectures in both philosophical and literary-theoretical circles, despite conspicuous differences, tend to agree in attributing to Austin an assumption about the relation between literal meaning and truth, which is in fact his central critical target. The goal of the article is to correct this misunderstanding and (...) to show that Austin is deeply critical of a picture of correspondence between language and the world which nearly half a century after he delivered his lectures continues to structure philosophical discussions of language. (shrink)

The present paper puts forward a first outline of a possible agonistic theory of adjudication, conceived of as an extension of Chantal Mouffe’s agonistic theory of democracy onto the domain of the juridical, and specifically, judicial decision-making. Mouffe’s concept of the political as the dimension of inherent and unalienable conflicts (antagonisms) which, nonetheless, need to be tamed for a pluralist democracy to function, creates an excellent vantage point for a critical theory of adjudication. The paper argues for perceiving all judicial (...) decisions as having a double nature—juridical and political. Cloaked in legal form, judgments nonetheless decide on individual instances of on-going collective conflicts, opposing workers to employers, consumers to traders, tenants to landlords, moral progressives to traditionalists, minorities to majorities and so forth. Judges, when handing down judgments, enjoy a ‘relative sovereignty’, being always already inscribed into the institutional imperatives of the juridical, on one hand, and ideological influences, on the other, but at the same time called upon to decide in the terrain of the undecidable and contingent (after all, law does not ‘apply itself’ on its own). Indeed the determinacy of legal decisions is only relative: in many cases judges can, by performing a sufficient amount of legal interpretive work, reach a conclusion which will be different from theprima facieinterpretation. The collective conflicts of a various nature (economic, ideological, socio-political), once they are juridified, become the object of judicial decisions which, in light of Mouffe’s theory, can be seen as temporary hegemonic fixations. The goal of critical legal scholarship is to destabilise such hegemonies in the name of justice. This can be done not only through an external critique of the law, but also through an internal one. The methodological approach advanced in the latter part of the paper emphasises the need for a critique of judicial decisions based on the consideration of all possible alternative decisions a court could have reached, and their evaluation in the light of conflicting interests and ideologies. (shrink)

This paper defends a position that parts ways with the positivist view of legal certainty and reasonableness. I start out with a reconstruction of this view and move on to argue that an adequate analysis of certainty and reasonableness calls for an alternative approach, one based on the acknowledgement that argumentation is key to determining the contents, structure, and boundaries of a legal system. Here I claim that by endorsing a dialectical notion of rationality this alternative account espouses an ambitious (...) approach to reasoning in law and conceives of the theory of legal argumentation as the vantage point from which to analyze legal systems and tackle the main problems connected with their existence. Next, I look at what this alternative approach does for the way we should go about treating certainty and reasonableness, considered singularly as well as in their reciprocal relationship. I conclude on this basis that when argumentation receives its due emphasis in law we have to redefine certainty and reasonableness and recast their connection as non-conflictive. (shrink)

This paper investigates how the reader of prose fiction fills in the blanks regarding a fictional character’s membership category, action, and reason for the action. Aligning with an ethnomethodological approach to texts and appropriating membership categorization analysis (MCA), we analyze how the readers of J. D. Salinger, an author whose works are well known for their ambiguity and ambivalence, would grasp the unwritten identities of characters and the meanings of their actions. Our analysis specifies two types of methods deployed for (...) the reader to understand the fictional texts. First, in an at-a-glance way, the reader can supply the missing categories and sequence of actions by turning to the commonsense knowledge and social norms regarding the association between the category and the activity. Second, the reader can construct various interpretations regarding the recognizably ambiguous scenes of the text by turning to the conceptual knowledge of the relevant social phenomena, the maxims specific to the act of storytelling, and the writer’s techniques peculiar to the fictional texts. The findings demonstrate the vast applicability of an MCA approach to the analysis of the work of reading prose fiction and shed light on the detailed operations of the author’s maxims and techniques in the textual configuration of prose fiction, thereby indicating the possibility of ethnomethodological analysis including the interwoven consideration of the reader’s activity and the textual organization. (shrink)

In this article, an anthropologist examines the question, asked today in diverse forms by an increasing variety of actors: what is the aim or telos of the social sciences? From within the disciplinary communities of the social sciences themselves, the answers given are inseparable from questions of theory and method. This essay engages some recent experimental, postcritical responses as formulated by scholars in the fields of anthropology and STS. Following decades of reflexive debates and changing institutional and disciplinary environments, both (...) anthropology and STS currently experience heightened levels of uncertainty about theories and methods, means and ends. In this context, the emergence and vigor of a number hybrid positions, eschewing traditional separations between facts and values, the conceptual and the empirical, and the descriptive and the performative, are noteworthy. This essay examines three distinctive and novel responses to the question of what comes after critique, found in the writings of the anthropologist Hirokazu Miyazaki, who has defined what he terms a method of hope; in the experimental anthropology of Richard Rottenburg, which offers parables of modern development aid; and in the scholarship of Helen Verran, a philosopher and STS ethnographer who constructs the figure of the good faith analyst. Coming to terms with the challenges, possibilities, tensions, and paradoxes of these and other postcritical responses is the key purpose of the present discussion. (shrink)

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 (...) modernity, this article sets out to understand the rhetorical significance of conscience in equity, making the argument that its disparate and contradictory modes of expression do not undermine its significance, and instead are essential to its construction of juridical obligations. By invoking conscience as a contradictory expression of both vertical state authority and personal ethical autonomy, equity asserts not only a unique normative structure, but also a distinct mode of power. (shrink)

While much has been written on phronesis, there is a dearth of empirical work on the how the concept can be developed and implemented in practice, particularly in an educational setting. To address this problem, characteristics of phronesis were identified through a review of current literature and an examination of related themes from a special issue of the Philosophy of Management Journal on the philosophy of innovation. The implementation of the concept was investigated using an illustrative study of ongoing work (...) aimed at embedding phronesis in an innovation educational module. The study will contribute to the nascent debate by providing evidence of embedding Aristotle’s phronesis in the curriculum of future managers, in this case Engineering and Business students, working in cross-functional teams. A schema is proposed, based on concepts distilled from the literature and the illustrative study, to examine whether an educational project cultivates phronesis among the students. (shrink)

In theories of interpretation, the artwork's “surface” is frequently cast as something to be looked past in our quest for meaning. As such, the “surface” has also understandably been the focus of several polemics against the excesses of interpretive criticism – in film scholarship and beyond. This article explores what role concepts of the “surface” and “surface meaning” might fruitfully play in the interpretation of fiction films by thinking about a particular kind of expression-by-implication available to the medium: irony. An (...) under-theorised phenomenon, filmic irony could seem to require interpretation in order to grasp meanings that reside precisely elsewhere than the “surface”. Yet, can we even distinguish between a “surface meaning” and an “implied” meaning in a non-linguistic medium like film? This article addresses such questions by exploring the possibility of separating the explicit and implicit, as well as interpretation and comprehension, in a medium whose very capacity for ironic expression h... (shrink)

The traditional reading of ancient Chinese texts focuses on their content rather than their modes of expression: truth is considered a given, of which language is merely the expression. This approach misses out on a predominant way of arguing in Chinese texts, namely to evaluate the situation by (re) naming it. A discussion of four textual fragments (up to the 2nd century BC) concerning the topic of regicide illustrates different degrees of this type of argumentation. Among philosophers discussion occurs in (...) a subtle play of specifying terms such as 'regicide' or 'reign', rather than in an explicit defence of regicide by appeal to higher principles. (shrink)

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 (...) creative, operationalisation of law. To the academic spirit, Hercules is infinitely preferable as a model of judicial activism: his world conjures a contemplative modality, ever alert to the requirements of rights and largely aligned with the temper of the post-Enlightenment. By contrast, Dredd is the personification of the worst aspects of law-and-order as the debased and politicised manifestation of the Rule of Law. His is an intensely visceral presence, the metonymic blindness of Themis replaced by the Dredd’s fractured eyeline: blindness as a signifier of impartiality yields to blindness as a symptom of institutional rage. This article interrogates the characters, actions and values of Hercules J and Dredd J, viewed primarily through the lens of Jacques Derrida’s Force of Law, focusing on the relationship between law and violence as it is exposed in Hercules’s and Dredd’s worlds, and then turning to judicial confrontation with the aporetic: the aporias, identified by Derrida and others, that law must confront. The interrogation continues, finally contemplating the current state of law in the common law world—the world of liberal democracies, suggesting that the high point of democracy may well have passed, and that we are on a Dredd-ward trajectory. (shrink)

In this essay I set out to place Derrida's work – especially his earlier books and essays – in the context of related or contrasting developments in analytic philosophy of science over the past half-century. Along the way I challenge the various misconceptions that have grown up around that work, not only amongst its routine detractors in the analytic camp but also amongst some of its less philosophically informed disciples. In particular I focus on the interlinked issues of realism versus (...) anti-realism and the scope and limits of classical logic, both of which receive a detailed, rigorous and sustained treatment in his deconstructive readings of Husserl, Austin and others. Contrary to Derrida's reputation as a exponent of anti-realism in its far-gone ‘textualist’ form and as one who merely plays perverse though ingenious games with logic I show that those readings presuppose both a basically realist conception of their subject-matter and a strong commitment to the protocols of bivalent logic. These he applies with the utmost care and precision right up to the point – unreachable except by way of that procedure – where they encounter certain problems or anomalies that cannot be resolved except by switching to a different logic. Philosophy of science in the analytic mainstream might benefit greatly from a closer acquaintance with Derrida's thinking on these topics, as it might from a knowledge of his likewise rigorous thinking-through of the antinomy between structure and genesis as it bears upon issues in the history of scientific thought. (shrink)

This paper looks at transgender identities and the law in the context of marriage in common law jurisdictions. It particularly focuses on the nature and sources of authority over word meaning as well as the role of language and definition in classifying transgender individuals into a legal category. When it comes to the legal question of who may marry whom, and what the terms “man” and “woman” actually refer to, there is no statutory definition of the terms “man”, “woman”, “male” (...) and “female”. This has put the onus on judges, especially those who needed to decide whether a transgender person can marry in his/her affirmed sex, to interpret these terms. Two lines of cases in transgender jurisprudence are examined so as to have a close study of how the courts construed these terms and classified transgender people into a category. The first concerns United Kingdom cases, namely Corbett v Corbett, Bellinger v Bellinger and the Hong Kong case W v Registrar of Marriages, &. The second consists of Australian cases such as Secretary, Department of Social Security v State Rail Authority and Re Kevin. This paper discusses these issues by analyzing and comparing different cases in transgender jurisprudence as well as examining how these issues play out in contemporary Hong Kong. (shrink)

In developing an "internal" sociology of science, the sociology of scientific knowledge drew on Wittgenstein’s later philosophy to reinterpret traditional epistemological topics in sociological terms. By construing scientific reasoning as rule following within a collective, sociologists David Bloor and Harry Collins effectively blocked outside criticism of a scientific field, whether scientific, philosophical, or political. Ethnomethodologist Michael Lynch developed an alternative, Wittgensteinian reading that similarly blocked philosophical or political critique, while also disallowing analytical appeals to historical or institutional contexts. I criticize (...) these Wittgensteinian sociologies and argue for the historical and contemporary significance of methodological criticisms of scientific practice that conjoin epistemological and political categories. I consider two such cases briefly: the Baconian criticism of Scholastic science in the early Royal Society and the criticism of AIDS drug testing protocols by activists. Key Words: Wittgenstein • sociology of scientific knowledge • ethnomethodology • scientific method • interpretive sociology. (shrink)

How can philosophy exert its critical function in society and in education if any appeal to independent and even relatively ‘certain’ criteria seems problematic? The epistemological doubts that foundationalist models of justification encounter unavoidably seem to raise this question. In particular, the relativist implications that seem to result from rejecting such models seem to paralyse the critical potential of philosophy of education. In order to explore the possibilities of a conception of educational critique that avoids the pitfalls of foundationalism, I (...) analyse the epistemological dimensions of this much-feared relativism, illustrating this with some characteristic examples. Solving the problems raised will require an interpretation of critique that leaves our daily sense of critique intact, without literally adopting its—foundationalist—basic assumptions. After systematically developing such an alternative interpretation of critical usage, a non-relativist but still non-foundationalist and powerful conception of philosophical critique seems possible. I illustrate results with some examples from philosophy of education. (shrink)

This article traces certain rhetorics of knowledge-change as well as a few models of such change. In particular, it focuses on models that emphasize novelty and sudden transformation. To this end, the works of Thomas Kuhn, and the debates surrounding his celebrated modeling of the paradigm, are explored. Having established – at least in an illustrative fashion – the role of novelty in Kuhn’s philosophy of science, we then look more briefly at the mid-career work of Michel Foucault (his Order (...) of Things and the Archaeology of Knowledge ), and the debate between Jürgen Habermas and Jean-François Lyotard to find (in Foucault’s case) analogies with the earlier models and debates surrounding Popper and Kuhn, and then (in the Habermas/Lyotard discussion), to see how revolutionary and reactionary status count in assigning value to models of knowledge. In all these inquiries, we seek less to criticize particular theorists (that has already been done) than to understand a dominant strand of understanding of knowledge and knowledge-change in the contemporary academy. (shrink)

Contemporary liberal democracies contain multiple cultural, religious, and philosophical traditions. Within these societies, different interpretive communities provide divergent models for understanding health, illness, and moral obligations. Bioethicists commonly draw upon models of moral reasoning that presume the existence of shared moral intuitions. Principlist bioethics, case-based models of moral deliberation, intuitionist frameworks, and cost-benefit analyses all emphasise the uniformity of moral reasoning. However, religious and cultural differences challenge assumptions about common modes of moral deliberation. Too often, bioethicists minimize or ignore the (...) existence of multiple traditions of moral inquiry. Careful consideration of the presence of multiple horizons for moral deliberation generates challenging questions about the capacity of bioethicists to effectively resolve complex cases and social policy disputes. (shrink)

Niklas Luhmann and Jacques Derrida start with a common assumption in their analyses of the law and the economy - the foundational paradox of social institutions. But then autopoiesis and deconstruction move into opposite directions. Luhmann pursues the question of how de-paradoxification constructs the immanence of social institutions and builds a world of autopoietic social systems. By contrast, Derrida's thought aims at the transcendence of social institutions through their re-paradoxification. However, there is a hidden supplementarity of autopoiesis and deconstruction which (...) makes it worthwhile to relate the theories to each other. Derrida's distinction of writing/speech is necessarily blind toward Luhmann's distinction of consciousness/communication, but is, at the same time, continuously provoked by it. On another level, the opposite happens. Luhmann's autopoiesis is permanently irritated by Derrida's différance but is at the same time unable to conceptualize it. This complementary blindness of their distinctions directrices is a permanent source of mutual irritation which requires a reformulation of the social and of the possibility of justice. (shrink)

Now over a decade since the publication of John Michael’s Anxious Intellects (2000), many rhetoric scholars are no less anxious about the relevance of scholarship to public affairs. Recent exchanges concerning rhetorical criticism, public intellectualism, and academic engagement continue to provide evidence of a prominent felt need to prove public relevance, explain away the lack of readily apparent public engagement, or adopt a more activist posture. That academic work should have political consequences is broadly assumed within a dominant strain of (...) rhetorical scholarship owing to what is doubtless an incontrovertible feature of reality—words have political consequences. From this fact, many rhetoric scholars .. (shrink)

This essay offers a defense of ‘intellectual authority’, primarily by pointing out the untoward implications of its conceptual opposite, ‘institutional authority’, in a wide variety of contexts. An opening discussion explores conditions for the possibility of intellectual authority in legal, humanistic, and aesthetic disciplines. Social science literature documenting and describing the biasing influence of institutional authority is then canvassed and analyzed in some detail. A final section assays the theoretical significance of various efforts to eliminate non‐intellectual bias and influence, with (...) special reference to the example of “blind reviewing’ of scholarly manuscripts. (shrink)

There must be few philosophical projects more serious than Jürgen Habermas’s lifelong effort to realize the lofty universalist ambitions of the Enlightenment in his communicative theory of rational discourse and deliberative democracy.

The article presents so-called “derivational” theory of legal interpretation and analyzes its basic assumptions. The derivational theory of legal interpretation is still little known outside of Poland. The article is divided into two parts. The first part is presenting the normative model of legal interpretation according to the derivational theory. In the second part, the basic assumptions and features of the theory are analysed in context of some other approaches to legal interpretation. The author argues that there are two levels (...) of the derivational theory: local and universal. The local level of theory is related to the fact that it was designed for Polish legal system and legal culture. However, beyond its local features, the derivational theory is presenting strong theoretical framework and some significant universal ideas about legal interpretation. This creates universal level that can be called the “hard core” of the theory. The author characterizes the elements of this hard core, and in particular the most important element: the idea that the legal interpretation consists in the reconstruction of legal norms from legal provisions. (shrink)