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.
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ژورنال
عنوان ژورنال: European Review of Contract Law
سال: 2023
ISSN: ['1614-9920', '1614-9939']
DOI: https://doi.org/10.1515/ercl-2023-2004