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Legal Argumentation and Legal Interpretation
2017As an introduction to the discussion of theories of legal justification in the following chapters, this chapter discusses the central topics in the literature on interpretation and application of legal rules in particular, and the law in general. The central focus of this introduction is on the discretionary space judges have in interpreting and ...
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Inclusive Legal Positivism, Legal Interpretation, and Value‐Judgments
Ratio Juris, 2009AbstractIn this paper I put forward some arguments in defence of inclusive legal positivism. The general thesis that I defend is that inclusive positivism represents a more fruitful and interesting research program than that proposed by exclusive positivism. I introduce two arguments connected with legal interpretation in favour of my thesis.
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Kelsen on legal interpretation
Legal Studies, 1990A number of writers have invited attention to the fact that Kelsen, in a long and extraordinarily productive career, gave very little attention to questions of legal interpretation. Kelsen's younger colleague in the Vienna School of Legal Theory, Fritz Schreier, himself a legal philosopher of note, remarked in 1929 that the Vienna School had neglected
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Vagueness, legal content, and legal interpretation
2012Lawmaking is - paradigmatically - a type of speech act: people make law by saying things. It is natural to think, therefore, that the content of the law is determined by what lawmakers communicate. However, it is sometimes vague what content they communicate, and even when it is clear, the content itself is sometimes vague.
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People who study, create, apply, and enforce the provisions of law must understand its nature and purpose. The benefit of law is related to its understanding, therefore all legal activities are invariably associated with the interpretation of the legal phenomenon.
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Legal Language and Legal Interpretation
Law and Philosophy, 1985Jerzy Wróblewski, Jerzy Wroblewski
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