Institutional Turn(s) in Theories of Legal Interpretation
David Duarte, Pedro Moniz Lopez, Jorge Silva Sampaio (eds.), Legal Interpretation and Scientific Knowledge, Springer 2019.
25 Pages Posted: 5 Aug 2019
Date Written: July 31, 2019
The paper gives an overview of recent doctrines of legal interpretation that can be subsumed under the common name “institutional turn” in theories of legal interpretation. Among the reviewed theoretical positions are the ones from Jeremy Wаldron, Victoria Nourse, Cass Sunstein, Adrian Vermeule, Scott Shapiro. It is concluded that the institutional turn in legal interpretation offers some significant insights into legal interpretation and interesting perspectives on the appropriate interpretative methodologies. The turn, however, does this by eschewing parts of traditional accounts of legal interpretation that are arguably worth preserving in any theory of legal interpretation.
Keywords: Legal Interpretation, Institutions, Legislation, Courts
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