The Shock of the Old: Interpretivism in Obligations

STRUCTURE AND JUSTIFICATION IN PRIVATE LAW, p. 205, C. Rickett and R. Grantham, eds., Hart Publishing, 2008

17 Pages Posted: 24 Apr 2011

Date Written: 2008

Abstract

Anew philosophy is now being urged on those engaged in the study of the law of obligations. This ‘interpretive’ approach is said to represent a significant step forward in understanding, and to save the area from numerous errors - and, indeed, from the risk of intellectual collapse. While this approach is in one sense new, its proponents are clear that they are simply stating openly what a significant body of scholarship has long assumed to be the case. This essay considers the new interpretivism, and works towards an assessment of its products.

Keywords: interpretivism, law of obligations, internal point of view

JEL Classification: K12, K13

Suggested Citation

Hedley, Steve, The Shock of the Old: Interpretivism in Obligations (2008). STRUCTURE AND JUSTIFICATION IN PRIVATE LAW, p. 205, C. Rickett and R. Grantham, eds., Hart Publishing, 2008, Available at SSRN: https://ssrn.com/abstract=1820189

Steve Hedley (Contact Author)

University College Cork ( email )

Cork
Ireland

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