The Poverty of Interpretive Universalism: Toward the Reconstruction of Legal Theory
European University Institute; Rutgers University School of Law, Camden; Swansea University School of Law; European University Institute - Department of Law (LAW)
The Poverty of Interpretive Universalism: Toward the Reconstruction of Legal Theory, 72 Texas Law Review 1 (1993)
This article explores the intricacies of interpretive universalism - the idea that all understanding is a matter of interpretation - by examining the work of two exemplary proponents of its virtues, Ronald Dworkin and Stanley Fish. One would be hard-pressed, indeed, to find two other contemporary legal theorists who have done more to bring to the center of attention questions of meaning, truth, and textuality. Despite their several, sometimes bitterly debated differences on interpretive and jurisprudential questions, Dworkin and Fish are allied in the deepest level of philosophical conviction. As the arguments that follow demonstrate, interpretive universalism, and the manifold claims that issue from it, engender a seriously false and misleading picture of law.
Number of Pages in PDF File: 56
Date posted: February 12, 2017