Can a Theory of Interpretation Make a Difference?

Abstract:     
Can a theory of interpretation make a difference? The question has been posed most prominently by Judge Richard Posner, who, in recent work, has criticized the ability to make a difference of both theory writ large and of a theory of interpretation in particular. In other work I contend, contrary to Posner, that a theory of interpretation can make a difference at the level of methodology. Using the example of constitutional and statutory interpretation in law, I develop a theory that argues for the propriety and value of certain methods of interpretation over others. In the present essay, my concern is more expansive, if the development is more brief. My claim is that a theory of interpretation can make a difference at an ontological level, at the level of what it means for humans to be.

Number of Pages in PDF File: 5

Keywords: hermeneutics, theory of interpretation, legal interpretation, understanding, metaphor, Paul Ricoeur, nonfoundationalism

Accepted Paper Series