Interpretation without Truth: A Realistic Enquiry (Law and Philosophy Library #128)
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This book engages in an analytical and realistic enquiry into legal interpretation and a selection of related matters including legal gaps, judicial fictions, judicial precedent, legal defeasibility, and legislation. Chapter 1 provides an outline of the central theoretical and methodological tenets of analytical realism. Chapter 2 presents a conceptual apparatus concerning the phenomenon of legal interpretation, which it subsequently applies to investigate the truth-in-legal-interpretation issue. Chapters 3 to 6 argue for a theory of legal interpretation - pragmatic realism - by outlining a theory of interpretive games, revisiting the debate between literalism and contextualism in contemporary philosophy of language, and underscoring the many shortcomings of the container-retrieval view and pragmatic formalism. In turn, Chapter 7, focusing on comparative legal theory, advocates an interpretation-sensitive theory of legal gaps, as opposed to purely normativist ones. Chapter 8 explores the connection between judicial reasoning and judicial fictions, casting light on the structure and purpose of fictional reasoning. Chapter 9 provides an analytical enquiry into judicial precedent, examining a variety of ideal-typical systems in terms of their normative or de iure relevance. Chapter 10 addresses defeasibility and legal indeterminacy. In closing, Chapter 11 highlights the central tenets of a realistic theory of legislation.
The book, Interpretation without Truth: A Realistic Enquiry (Law and Philosophy Library #128) [Bulk, Wholesale, Quantity] ISBN#9783030155889 in Hardcover by Pierluigi Chiassoni may be ordered in bulk quantities. Minimum starts at 25 copies. Availability based on publisher status and quantity being ordered.
Details
- Publisher
- Springer International Publishing
- Author
- Pierluigi Chiassoni
- Format
- Hardcover
- Published
- Jun 25, 2019
- ISBN-13
- 9783030155889
- Pages
- 279
- Printing
- Printed on demand
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| Copies | Price per copy | You save |
|---|---|---|
| 25 – 49 | $114.39 | 12% off list |
| 50 – 99 | $113.09 | 13% off list |
| 100+ | $111.79 | 14% off list |
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