Ressel, J. (2014) A short note on interpretation of legal texts. Law, Culture & Ideas Blog. 29/03/2014
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| Item Type: | Article |
|---|---|
| Abstract: | The paper argues that the conventional theories of interpretation, often loosely but conveniently abbreviated for instance to the literal or purposive approaches, fail to problematise the process of interpretation sufficiently, and in fact operate to perpetuate the myth of self-delusion. Accordingly, the validity of the accepted notion of interpretative theory as offering unique or singular opening to understanding of legal texts, is in doubt. Furthermore, it cannot logically follow that the proposition legal texts somehow have the potential to yield unique or singular interpretation beyond a shared belief in a myth of such singular objectivity. |
| Uncontrolled Keywords: | Contract, legal interpretation, construction |
| Subjects: | K Law > K Law (General) > K201 Jurisprudence. Philosophy and theory of law > K288 Interpretation and construction of law |
| Creators: | Ressel, James |
| Faculties, Divisions and Institutes: |
University Faculties, Divisions and Research Centres - OLD > School of Social Sciences (to 2016) University Faculties, Divisions and Research Centres - OLD > Faculty of Business & Law > Law Faculties > Faculty of Business & Law > Law |
| Date: | 29 March 2014 |
| Date Type: | Publication |
| Journal or Publication Title: | Law, Culture & Ideas Blog |
| Volume: | 29/03/2014 |
| Language: | English |
| Status: | Published / Disseminated |
| Related URLs: | |
| References: | Jake Arnott, The Long Firm (1999, Hodder and Stoughton) Elizabeth. J. W. Hinds,” The Spirit of Trade: Olaudah Equino’s Conversion, Legalism and the Merchant’s Life” African American Review 32, (1998) 4: 635-647 (from Barthes’ Mythologies). Joseph Vining “Generalization in Interpretative Theory” Representations (1990) 30: 24. Lord Denning in Storer v Manchester City Council [1974] 3 All ER 824 Laurent Stern “On Interpreting” The Journal of Aesthetics and Art Criticism (1980) 39: 2. Kim Lane Scheppele “Facing Facts in Legal Interpretation” Representations (1990) 30. |
| URI: | http://nectar.northampton.ac.uk/id/eprint/6591 |
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