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15. Deferentialism: A Post-Originalist Theory of Legal Interpretation

In Analytic Philosophy in America: And Other Historical and Contemporary Essays. Princeton, NJ: Princeton University Press. pp. 320-342 (2014)

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  1. Incorrect Interpretation in the Light of the Law of Interpretation.Paulina Konca - 2023 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 36 (2):629-648.
    There are certain standards of legal interpretation. Interpretive directives are heterogeneous—both in terms of the issues they address and of the form. Not all authors consider the canons of interpretation to be norms like any other ones. Moreover, some claim that the term “incorrect interpretation” refers only to an arbitrarily chosen concept. I intend to investigate whether, despite the objections raised, interpretative directives can be said to have the status of legal norms. I wonder whether the so-called law of interpretation (...)
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  • The World Philosophy Made. [REVIEW]Brendan Balcerak Jackson - 2020 - Analysis 80 (4):816-822.
    Scott Soames’s book The World Philosophy Made is a history of ideas spanning from the ancient Greeks until today.1 1 At nearly 400 pages of tightly printed text, the book is enormous in its scope, surveying ideas not only in philosophy but also in physics, mathematical logic, cognitive science, economics, linguistics, social science, legal theory and more. Among the topics discussed in detail are: the debate about immanent vs. transcendent forms; the Thomistic synthesis of Aristotelian philosophy with Christian theology; the (...)
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  • Deferentialism: Soames on legal interpretation.Lawrence B. Solum - 2022 - Philosophical Studies 179 (6):2097-2107.
    This essay explores themes raised by Scott Soames in Chapter Twelve of The World Philosophy Made. Soames’s key contribution is the articulation of a general theory of legal interpretation and more specific theory, Constitutional Deferentialism, that is a form of public meaning originalism. His development of the connections between the philosophy of language and legal interpretation have been especially important and influential.
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  • Substantive Radical Interpretation and the Problem of Underdetermination.Anandi Hattiangadi - 2020 - Analysis 80 (4):822-833.
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