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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Interpretation and Legal Theory (Paperback, 2nd Revised Ed.)
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Interpretation and Legal Theory (Paperback, 2nd Revised Ed.)
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This is a revised and extensively rewritten edition of one of the
most influential monographs on legal philosophy published in recent
years. Writing in the introduction to the first edition the author
characterized Anglophone philosophers as being ..."divided, and
often waver[ing] between two main philosophical objectives: the
moral evaluation of law and legal institutions, and an account of
its actual nature." Questions of methodology have therefore tended
to be sidelined, but were bound to surface sooner or later, as they
have in the later work of Ronald Dworkin. The main purpose of this
book is to provide a critical assessment of Dworkin's
methodological turn, away from analytical jurisprudence towards a
theory of interpretation, and the issues it gives rise to. The
author argues that the importance of Dworkin's interpretative turn
is not that it provides a substitute for 'semantic theories of law'
(a dubious concept), but that it provides a new conception of
jurisprudence, aiming to present itself as a comprehensive rival to
the conventionalism manifest in legal positivism. Furthermore, once
the interpretative turn is regarded as an overall challenge to
conventionalism, it is easier to see why it does not confine itself
to a critique of method. Law as interpretation calls into question
the main tenets of its positivist rival, in substance as well as
method. The book re-examines conventionalism in the light of this
interpretative challenge.
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