Legal misinterpretation

Jurisprudence 13 (1):99-106 (2022)
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Abstract

In his book, _Interpretation without Truth_, Pierluigi Chiassoni articulates the sceptical view that the province of legal interpretation is ‘a province without truth’. A misinterpretation is a false interpretation, and I argue that the widespread phenomenon of legal misinterpretation gives us reason to resist the sceptical conclusion. The potential for a legal interpretation to be a false interpretation –a misinterpretation– implies that a legal interpretation can be true. And legal misinterpretations can be understood as interpretations (and not as the product of some activity other than interpretation) because of the grain of truth in the arguments for them.

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Timothy Endicott
Oxford University

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