Abstract

http://ssrn.com/abstract=320245
 
 

Citations (6)



 
 

Footnotes (185)



 


 



Interpretation and Institutions


Cass R. Sunstein


Harvard Law School

Adrian Vermeule


Harvard Law School

July 2002

U Chicago Law & Economics, Olin Working Paper No. 156; U Chicago Public Law Research Paper No. 28

Abstract:     
To evaluate theories of interpretation, it is necessary to focus on institutional considerations - to ask how actual judges would use any proposed approach, and to investigate the possibility that an otherwise appealing approach will have unfortunate dynamic effects on private and public institutions. Notwithstanding this point, blindness to institutional considerations is pervasive. It can be found in the work of early commentators on interpretation, including that of Jeremy Bentham; in the influential work of H.L.A. Hart, Ronald Dworkin, and Henry Hart and Albert Sacks; and in much contemporary writing. This blindness to institutional considerations creates serious problems for the underlying theories. The problems are illustrated with discussions of many disputed issues, including the virtues and vices of formalism; the current debate over whether administrative agencies should have greater interpretive freedom than courts; and the roles of text, philosophy, translation, and tradition in constitutional law. In many cases, an understanding of institutional capacities and dynamic effects should enable diverse people, with different views about ideal legal interpretation, to agree on what actual legal interpretation should entail.

Number of Pages in PDF File: 56

working papers series


Download This Paper

Date posted: July 29, 2002  

Suggested Citation

Sunstein, Cass R. and Vermeule, Adrian, Interpretation and Institutions (July 2002). U Chicago Law & Economics, Olin Working Paper No. 156; U Chicago Public Law Research Paper No. 28. Available at SSRN: http://ssrn.com/abstract=320245 or http://dx.doi.org/10.2139/ssrn.320245

Contact Information

Cass R. Sunstein
Harvard Law School ( email )
1575 Massachusetts Ave
Areeda Hall 225
Cambridge, MA 02138
United States
617-496-2291 (Phone)
Adrian Vermeule (Contact Author)
Harvard Law School ( email )
1525 Massachusetts
Griswold 500
Cambridge, MA 02138
United States
Feedback to SSRN


Paper statistics
Abstract Views: 8,650
Downloads: 2,042
Download Rank: 3,177
Citations:  6
Footnotes:  185

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo8 in 0.313 seconds