Interpreting Interpretation in Private Law

نویسندگان

چکیده

Abstract The article addresses the following question: why do we interpret private law? My aim is, first of all, to make use theory interpretation presented by Ronald Dworkin in Justice for Hedgehogs (Dworkin 2011) emphasize methodological importance this issue. Second, casts doubt on thesis that different interpretations law – example, so-called structuralist and instrumentalist such as economic analysis are rival interpretations. Like Dworkin, I argue it is our interpretive responsibilities define whether or not two same object should be treated rivals. These responsibilities, turn, measured light purpose interpretation. a peculiar case legal because eminently concerned with determining content law. On other hand, if justification point interpreting law, then there seems no reason necessarily competition each other. may depend plurality normative injunctions being met, features which satisfies these can highlighted sometimes one interpretation, another.

برای دانلود باید عضویت طلایی داشته باشید

برای دانلود متن کامل این مقاله و بیش از 32 میلیون مقاله دیگر ابتدا ثبت نام کنید

اگر عضو سایت هستید لطفا وارد حساب کاربری خود شوید

منابع مشابه

Liabilities in Private Law

This article elaborates upon and defends the distinction between “primary duty” claims and “primary liability” claims in private law introduced in a previous article. In particular, I discuss the relevance of the distinction to the debates over fault and strict liability and “duty skepticism” and to the relationship between primary and remedial rights. I argue that the tendency to assume that a...

متن کامل

Literally Interpreting the Law- a Appraisal of the Literal Rule of Interpretation in India

A "Statute" is the will of the Sovereign Legislature according to which the Governments function. The executive must act and the Judiciary in the course of Administration of Justice must apply the law as laid down by the said legislative will. Very often occasions will arise where the courts will be called upon to interpret the words, phrases and expressions used in the statute. In the course o...

متن کامل

evasion of law in private international law

it is generally accepted that no one is allowed to abuse his legal rights accorded by a country for evasion from some limitations provided by the same country and several laws and verdicts have considered and confirmed this requirement as a rule. nevertheless there is neither common sense about neither the conditions under which such a rule may be applied nor the reactions to be taken against s...

متن کامل

Interpreting Ambiguous Social Situations in Social Anxiety: Application of Computerized Task Measuring Interpretation Bias

Background and Aims: The interpretation bias which is an important factor in the pathology of social anxiety disorder, has been recently considered in therapeutic approaches. Given the importance of interpretation bias in the treatment of social anxiety, and despite the ambiguity in the relationship between social anxiety and interpretation bias, we compared the interpretation bias in individua...

متن کامل

Law as Interpretation

and a concrete intention here: the delegate intends to prohibit discrimination in whatever in fact is of fundamental interest and also intends not to prohibit segregated schools. These are not isolated, discrete intentions; our descriptions, we might say, describe the same intention in different ways. But it matters very much which description a theory of legislative intention accepts as canoni...

متن کامل

ذخیره در منابع من


  با ذخیره ی این منبع در منابع من، دسترسی به آن را برای استفاده های بعدی آسان تر کنید

ژورنال

عنوان ژورنال: European Review of Contract Law

سال: 2023

ISSN: ['1614-9920', '1614-9939']

DOI: https://doi.org/10.1515/ercl-2023-2004