Toward an Informal Account of Legal Interpretation offers a viable
account of law, judicial decision-making, and legal interpretation
that is as fresh as it is familiar. The author expertly challenges
the dominant mode of formalist theorizing and proposes an
explanatory account of legal interpretation that can profitably be
understood as an 'informal' intervention. Such an informal approach
has no truck with either the claims of the formalists (i.e., that
law is something separate from ideology) or those of the
anti-formalists (i.e., that law is nothing other than ideological
posturing). Hutchinson insists that, when understood properly,
legal interpretation is an applied exercise in law-and-ideology; it
is both constrained and unconstrained in equal measure. In
developing this informalist account through a sustained application
of the 'no vehicles in the park' rule, this book is wide-ranging in
theoretical scope and substance, but also accessible and practical
in style.
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