Oxford Journal of Legal Studies 30 (2):361-384 (2010)

Abstract
This article examines the nature of interpretation in regulation. Drawing on the work of Ronald Dworkin it considers two alternative theses of regulatory interpretation; the conversational thesis and the constructive thesis. The conversational thesis, which seems to find support in several contemporary writings on the use of rules in public administration, perceives regulatory interpretation as a method of interpretation that resembles the interpretation that people deploy in the course of a conversation in their attempt to understand and communicate with their co-discussants. The constructive thesis describes regulatory interpretation as a dialectical practice whose ultimate objective is to meet the demand for new and better interpretations in accordance with the public standards that best justify regulatory practice. It will be argued that the constructive thesis offers a more appealing account of regulatory interpretation because it is better placed to accommodate two apparently conflicting intuitions with respect to interpretation in the regulatory domain. The first one is the idea that the meaning of regulatory provisions must not be entirely contingent on the beliefs and/or preferences of those conducting the interpretation, for otherwise interpretation collapses into a cynical game of rent-seeking and regulatory capture. The second intuition is that regulatory interpretation must be procedurally efficient
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1093/ojls/gqp027
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 56,999
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

How Distinctive Is Philosophers’ Intuition Talk?James Andow - 2015 - Metaphilosophy 46 (4-5):515-538.

Add more citations

Similar books and articles

Analytics

Added to PP index
2013-11-03

Total views
15 ( #648,224 of 2,410,259 )

Recent downloads (6 months)
1 ( #540,207 of 2,410,259 )

How can I increase my downloads?

Downloads

My notes