Results for 'Law Interpretation and construction'

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  1.  96
    Interpretation and Construction: Art, Speech, and the Law.Robert Stecker - 2003 - Wiley-Blackwell.
    _Interpretation and Construction_ examines the interpretation and products of intentional human behavior, focusing primarily on issues in art, law, and everyday speech. Focuses on artistic interpretation, but also includes extended discussion of interpretation of the law and everyday speech and communication. Written by one of the leading theorists of interpretation. Theoretical discussions are consistently centered around examples for ease of comprehension.
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  2. Interpretation and Construction: Art, Speech, and the Law.T. Gracyk - 2006 - Philosophical Review 115 (4):524-526.
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  3.  7
    Interpretation and Construction: Art, Speech, and the Law.David Davies - 2004 - Journal of Aesthetics and Art Criticism 62 (3):293-296.
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  4. Interpretation and Construction: Art, Speech, and the Law.Robert Stecker - 2008 - Wiley-Blackwell.
    _Interpretation and Construction _examines the interpretation and products of intentional human behavior, focusing primarily on issues in art, law, and everyday speech. Focuses on artistic interpretation, but also includes extended discussion of interpretation of the law and everyday speech and communication. Written by one of the leading theorists of interpretation. Theoretical discussions are consistently centered around examples for ease of comprehension.
     
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  5.  9
    Interpretation and Construction, Art, Speech, and the Law.S. Davies, R. Hopkins, J. Robinson & M. Rowe - 2004 - British Journal of Aesthetics 44 (3):303-304.
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  6. Interpretation and Construction: Art, Speech and the Law.Robert Stecker, Matthew Kieran, Berys Gaut & Paisley Livingston - 2005 - Philosophical Quarterly 55 (218):150-155.
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  7.  75
    Interpretation and Construction, Art, Speech, and the Law.Matthew Rowe - 2004 - British Journal of Aesthetics 44 (3):303-304.
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  8.  14
    Interpretation and Construction: Art, Speech, and the Law, by Robert Stecker.Gary Iseminger - 2007 - European Journal of Philosophy 15 (1):114–118.
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  9.  2
    Interpretation and Construction: Art, Speech, and the Law, by Robert Stecker.Gary Iseminger - 2007 - European Journal of Philosophy 15 (1):114-118.
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  10.  41
    Robert Stecker, Interpretation and Construction: Art, Speech, and the Law.Reviews by David Davies & Julie Van Camp - 2004 - Journal of Aesthetics and Art Criticism 62 (3):291–296.
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  11.  7
    Robert Stecker, Interpretation and Construction: Art, Speech, and the Law.David Davies & Julie Van Camp - 2004 - Journal of Aesthetics and Art Criticism 62 (3):291-296.
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  12. Between Authority and Interpretation: On the Theory of Law and Practical Reason.Joseph Raz (ed.) - 2009 - Oxford University Press.
    Can there be a theory of law? -- Two views of the nature of the theory of law : a partial comparison -- On the nature of law -- The problem of authority : revisiting the service conception -- About morality and the nature of law -- Incorporation by law -- Reasoning with rules -- Why interpret? -- Interpretation without retrieval -- Intention in interpretation -- Interpretation : pluralism and innovation -- On the authority and interpretation (...)
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  13.  6
    Interpreting and Writing the Law in Digital Society: Remarks Made on a Shift of Paradigm.Angela Condello - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (4):1175-1186.
    In this article I discuss the nature and sense of legal reasoning as reasonableness, i.e. as judgement and equilibrium between normativity and factuality, and as constant approximation between these two dimensions. By phrasing the intertwinement between legal hermeneutics and the nature and function of writing, the structure of the article is constructed so that the focus is on the changes currently occurring with the so-called ‘digital revolution’: in imagining a juridical system administrated through data analysis and algorithms, some contradictions emerge, (...)
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  14.  85
    Law and Interpretation: Essays in Legal Philosophy.Andrei Marmor (ed.) - 1995 - Oxford University Press.
    Interest in interpretation has emerged in recent years as one of the main intellectual paradigms of legal scholarship. This collection of new essays in law and interpretation provides the reader with an overview of this important topic, written by some of the most distinguished scholars in the field. The book begins with interpretation as a general method of legal theorizing, and thus provides critical assessment of the recent "interpretative turn" in jurisprudence. Further chapters include essays on the (...)
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  15.  3
    Theory, Interpretation, and Law.Lisa Van Alstyne - 2016 - Philosophical Topics 44 (1):265-286.
    This paper explores Ronald Dworkin’s influential theory of constructive interpretation. It points out that this theory admits of two readings, which I call the “undemanding” and the “demanding” conceptions of constructive interpretation respectively. As I argue, Dworkin’s own presentation of the theory equivocates between these two conceptions, the former of which is utterly unproblematic, but the latter of which incorporates certain philosophical prejudices as to what it must mean for a practice to be purposive.
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  16. Constructing Authorities: Reason, Politics and Interpretation in Kant's Philosophy.Onora O'Neill - 2015 - Cambridge University Press.
    This collection of essays brings together the central lines of thought in Onora O'Neill's work on Kant's philosophy, developed over many years. Challenging the claim that Kant's attempt to provide a critique of reason fails because it collapses into a dogmatic argument from authority, O'Neill shows why Kant held that we must construct, rather than assume, the authority of reason, and how this can be done by ensuring that anything we offer as reasons can be followed by others, including others (...)
     
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  17. Justice and the Ethics of Legal Interpretation.Susanna Lindroos-Hovinheimo - 2012 - Routledge.
    The shared nature of language -- Derrida on language and meaning -- Reading the law : hermeneutics and deconstruction -- The ethics of language -- Uncertain justice.
     
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  18.  34
    Legal Interpretation: Perspectives From Other Disciplines and Private Texts.Kent Greenawalt - 2010 - Oxford University Press.
    Introduction: dimensions of inquiry -- Speaker intent and convention; linguistic meaning and pragmatics; Vagueness and indeterminacy: three topics in the philosophy of language -- Literary interpretation, performance art, and related subjects -- Religious interpretation -- General theories of interpretation -- Starting from the bottom: informal instructions -- The law of agency -- Wills -- Contracts -- Judicial alterations of textual provisions: Cy Pres and relatives -- Conclusion and a comparison.
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  19.  14
    Manhood Deprived and Constructed During Conflicts and International Prosecutions: The Curious Case of the Prosecutor V. Uhuru Muigai Kenyatta Et Al.Gözde Turan - 2016 - Feminist Legal Studies 24 (1):29-47.
    Recent case law on sexual violence crimes heard before the ad hoc international criminal tribunals and courts, that interpret them in connection with ethnic conflict, raises the question of which acts can be defined as sexual violence. The International Criminal Court, in the situation of Kenya, does not regard acts of forced nudity, forcible circumcision and penile amputation as sexual violence when they are motivated by ethnic prejudice and intended to demonstrate the cultural superiority of one tribe over another. The (...)
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  20. Philo and the Oral Law: The Philonic Interpretation of Biblical Law in Relation to the Palestinian Halakah.S. Belkin - 1940 - Cambridge: Mass., Harvard University Press.
     
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  21. Comparing Peano Arithmetic, Basic Law V, and Hume’s Principle.Sean Walsh - 2012 - Annals of Pure and Applied Logic 163 (11):1679-1709.
    This paper presents new constructions of models of Hume's Principle and Basic Law V with restricted amounts of comprehension. The techniques used in these constructions are drawn from hyperarithmetic theory and the model theory of fields, and formalizing these techniques within various subsystems of second-order Peano arithmetic allows one to put upper and lower bounds on the interpretability strength of these theories and hence to compare these theories to the canonical subsystems of second-order arithmetic. The main results of this paper (...)
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  22.  89
    Law as Interpretation.Ronald Dworkin - 1982 - Critical Inquiry 9 (1):179-200.
    The puzzle arises because propositions of law seem to be descriptive—they are about how things are in the law, not about how they should be—and yet it has proved extremely difficult to say exactly what it is that they describe. Legal positivists believe that propositions of law are indeed wholly descriptive: they are in fact pieces of history. A proposition of law in their view, is true just in case some event of a designated law-making kind has taken place, and (...)
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  23.  20
    Law, Recognition and Labor. Some Remarks on Marek Siemek’s Theory of Modernity.Janusz Ostrowski - 2009 - Dialogue and Universalism 19 (3-5):237-244.
    From the perspective of Marek J. Siemek’s theory of modernity, one of the most important problem is to include conflicts into institutional framework of the modern society. He reinterprets Hegel’s dialectics of the struggle for recognition by conceptual tools of Hobbes and Marx in order to uncover hidden assumptions and conditions of possibility of the social rationality. For Siemek, law as purely formal, autopoetic social system or social subject, which produces individual subjects, is the first of the conditions of possibility (...)
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  24.  51
    Statutory Interpretation and the Counterfactual Test for Legislative Intention.Win-Chiat Lee - 1989 - Law and Philosophy 8 (3):383-404.
    In this paper I examine the counterfactual test for legislative intention as used in Riggs v. Palmer. The distinction between the speaker's meaning approach and the constructive interpretation approach to statutory interpretation, as made by Dworkin in Law's Empire, is explained. I argue that Dworkin underestimates the potential of the counterfactual test in making the speaker's meaning approach more plausible. I also argue that Dworkin's reasons for rejecting the counterfactual test, as proposed in Law's Empire, are either too (...)
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  25.  77
    Vagueness in Law.Timothy Andrew Orville Endicott - 2000 - Oxford University Press.
    Vagueness in law can lead to indeterminacies in legal rights and obligations. This book responds to the challenges that those indeterminacies pose to theories of law and adjudication.
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  26.  20
    Why the Law is so Perverse.Leo Katz - 2011 - University of Chicago Press.
    Why does the law spurn win-win transactions? -- Things we can't consent to, though no one knows why -- A parable -- Lessons -- The social choice connection -- Why is the law so full of loopholes? -- The irresistible wrong answer -- What is wrong with the irresistible answer? -- The voting analogy -- Turning the analogy into an identity -- Intentional fouls -- Why is the law so either/or? -- The proverbial rigidity of the law -- Line drawing (...)
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  27.  29
    Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules.Jean D' Aspremont - 2011 - Oxford University Press.
    This book revisits the theory of the sources of international law from the perspective of formalism.
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  28. International Law as We Know It: Cyberwar Discourse and the Construction of Knowledge in International Legal Scholarship.Lianne J. M. Boer - 2021 - Cambridge University Press.
    International legal scholars tend to think of their work as the interpretation of rules: the application of a law 'out there' to concrete situations. This book takes a different approach to that scholarship: it views doctrine as a socio-linguistic practice. In other words, this book views legal scholars not as law-appliers, but as constructing knowledge within a particular academic discipline. By means of three close-ups of the discourse on cyberwar and international law, this book shows how international legal knowledge (...)
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  29.  8
    Extra-Legal Values in Judicial Interpretation of Law: A Model Reasoning and Few Examples.Leszek Leszczyński - 2020 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 33 (4):1073-1087.
    The aim of the paper is to analyze the types of interpretative reasoning determining the content of extra-legal criteria contained in general reference clauses. This construction, despite its normative foundation, detaches itself from the intention of the legislator much more than e.g. the principles of law, at the same time extending deliberately judicial discretion. Extra-legal values, identified by courts as to their type and their content, then confronted with internal legal axiology and concretized with respect to the facts of (...)
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  30.  7
    Defeasibility, Law, and Argumentation: A Critical View from an Interpretative Standpoint.Francesca Poggi - forthcoming - Argumentation:1-26.
    The phenomenon of defeasibility has long been a central theme in legal literature. This essay aims to shed new light on that phenomenon by clarifying some fundamental conceptual issues. First, the most widespread definition of legal defeasibility is examined and criticized. The essay shows that such a definition is poorly constructed, inaccurate and generates many problems. Indeed, the definition hides the close relationship between legal defeasibility and legal interpretation. Second, this essay argues that no new definition is needed. I (...)
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  31.  38
    God, Mixed Modes, and Natural Law: An Intellectualist Interpretation of Locke's Moral Philosophy.Andrew Israelsen - 2013 - British Journal for the History of Philosophy 21 (6):1111-1132.
    The goal of this paper is to explicate the theological and epistemological elements of John Locke's moral philosophy as presented in the ‘Essay Concerning Human Understanding’ and ‘The Reasonableness of Christianity’. Many detractors hold that Locke's moral philosophy is internally inconsistent due to his seeming commitment to both the intellectualist position that divinely instituted morality admits of pure rational demonstration and the competing voluntarist claim that we must rely for our moral knowledge upon divine revelation. In this paper I argue (...)
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  32.  3
    Constructional Meaning and Knowledge-Driven Interpretation of Motion Events: Examples From Three Romance Varieties.Alfonsina Buoniconto - 2020 - Gestalt Theory 42 (1):31-42.
    Summary Covert encoding is one of the strategies available to languages for the encoding of motion, in which, in accordance with the laws of Gestalt, the meaning of an expression encoding motion is not coincident with the mere sum of the meanings of each of its constitutive units, relying on the mediation of grammatical and cotext­established knowledge for its interpretability. Moving on from a data set gathered for a previous study and adopting a holistic, constructional approach, several strategies were found (...)
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  33.  1
    Social Justice, Interpretation, and Literary Works of Art.Peter McCormick - 2012 - Eco-Ethica 2:175-198.
    The persistence of some central instances of social injustice in European democracies governed by the rule of law; despite abundant resources for durably reducing them, is poorly understood. Understanding better the nature of law as constructive interpretation may strongly motivate future applications of the rule of law to alleviating substantially the social injustice of unnecessary yet continuing destitution among many persons, particularly in affluent and resourceful Paris. However, recent critical examinations of the nature of law as constructive interpretation (...)
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  34.  3
    Meaning and Truth in Judicial Decision.Jerzy Wróblewski - 1979 - Juridica.
  35.  1
    Jacques Derrida: Law as Absolute Hospitality.Jacques De Ville - 2011 - Routledge.
    Jacques Derrida: Law as Absolute Hospitalityãeepresents a comprehensive account and understanding of Derridaâe(tm)s approach to law and justice. Through a detailed reading of Derridaâe(tm)s texts, Jacques de Ville contends that it is only by way of Derrida's deconstruction of the metaphysics of presence, and specifically in relation to the texts of Husserl, Levinas, Freud and Heidegger - that the reasoning behind his elusive works on law and justice can be grasped. Through detailed readings of texts such as To speculate âe" (...)
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  36.  16
    Understanding Law and Society.Max Travers - 2010 - Routledge.
    Classical thinkers -- The consensus tradition -- Critical perspectives -- Feminism and law -- The interpretive tradition -- Postmodernism and difference -- Legal pluralism and globalisation.
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  37. Mistake of Law and Sexual Assault: Consent and Mens Rea.Lucinda Vandervort - 1987-1988 - Canadian Journal of Women and the Law 2 (2):233-309.
    In this ground-breaking article submitted for publication in mid-1986, Lucinda Vandervort creates a radically new and comprehensive theory of sexual consent as the unequivocal affirmative communication of voluntary agreement. She argues that consent is a social act of communication with normative effects. To consent is to waive a personal legal right to bodily integrity and relieve another person of a correlative legal duty. If the criminal law is to protect the individual’s right of sexual self-determination and physical autonomy, rather than (...)
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  38.  83
    Objectivity in Law and Morals.Brian Leiter (ed.) - 2000 - Cambridge University Press.
    The seven original essays included in this volume from 2000, written by some of the world's most distinguished moral and legal philosophers, offer a sophisticated perspective on issues about the objectivity of legal interpretation and judicial decision-making. They examine objectivity from both metaphysical and epistemological perspectives and develop a variety of approaches, constructive and critical, to the fundamental problems of objectivity in morality. One of the key issues explored is that of the alleged 'domain-specificity' of conceptions of objectivity, i.e. (...)
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  39.  22
    Law and Tradition in Judaism.Boaz Cohen - 1959 - New York: Ktav Pub. House.
    Boaz Cohen. sincere and great D'nan 'TD^n who do not approve of the policies or politics of their wilful and dominating leaders, but they are cowed into an undignified silence and submission, and are rendered impotent for salutary action.
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  40.  32
    Pluralism, Integrity, and the Interpretive Model of Law.Deirdre Golash - 1994 - Philosophy in the Contemporary World 1 (3):15-21.
    In Law’s Empire, Ronald Dworkin argues that the choice between conflicting interpretations of law is, and should be, influenced by the aspiration to “integrity,” that is, the construction of law as a coherent whole, as though it were the product of a single author. I argue that, particularly under conditions where opinion on relevant issues is significantly divided, the search for a single coherent explanation of law may be seriously misleading. The idea of integrity is a principled basis for (...)
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  41.  5
    Aesthetic Interpretation and Construction of an Illusionist Painting in the Qing Dynasty: A Semiotic Approach to Learning.Manuel V. Castilla - 2020 - Journal of Aesthetic Education 54 (3):89.
    The textual character of an artwork can be explained, despite the changes of meaning that occur over time. Consciously or unconsciously, works of art typically express the historical, religious, social, environmental, and other preoccupations of their time.1 Because artwork is inevitably affected by later cultural impositions, recent interpretations of works from earlier periods cannot fully capture the way they were seen by their contemporaries. Thus, the Coliseum, which originally represented a place of public spectacles, is now primarily seen as a (...)
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  42.  7
    Jerusalem and Athens: The Congruity of Talmudic and Classical Philosophy.Jacob Neusner - 1997 - E.J. Brill.
    The Talmud - the Mishnah, a philosophical law code, and the Gemara, a dialectical commentary upon the Mishnah - works by translating principal modes of Western ...
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  43.  23
    The Role of Pragmatics in (Re)Constructing the Rational Law-Maker.Alessandro Capone - 2013 - Pragmatics and Cognition 21 (2):399-414.
    The recent debate on pragmatics and the law has found ways to circumvent an important distinction, originally drawn by Dascal and Wróblewski, between the historical law-maker, the current law-maker, and the ideal/rational law-maker.1 By insisting on the relationship between the rational law-maker and contextualism and textualism, I want to redress this fault in current discussions. In this paper, I start with general considerations on pragmatics, intentionality in ordinary conversation, and intentionality in the context of judiciary proceedings and legal texts. I (...)
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  44.  10
    Legal Secrets: Equality and Efficiency in the Common Law.Kim Lane Scheppele - 1988 - University of Chicago Press.
    Does the seller of a house have to tell the buyer that the water is turned off twelve hours a day? Does the buyer of a great quantity of tobacco have to inform the seller that the military blockade of the local port, which had depressed tobacco sales and lowered prices, is about to end? Courts say yes in the first case, no in the second. How can we understand the difference in judgments? And what does it say about whether (...)
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  45.  19
    Translating Legal Language and Comparative Law.Jaakko Husa - 2017 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 30 (2):261-272.
    Legal texts are in the focus of both lawyers and translators. This paper discusses the binary opposition of these two views especially in the light of contract law. There is one crucial epistemic difference between the point of view of the translator and the lawyer when it comes to the interpretation of legal texts. In the translator’s view legal text is traditionally conceived as static as to its nature; something that already exists in the form of text. Traditionally, the (...)
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  46. Aristotle's Prior Analytics and Boole's Laws of Thought.John Corcoran - 2003 - History and Philosophy of Logic. 24 (4):261-288.
    Prior Analytics by the Greek philosopher Aristotle (384 – 322 BCE) and Laws of Thought by the English mathematician George Boole (1815 – 1864) are the two most important surviving original logical works from before the advent of modern logic. This article has a single goal: to compare Aristotle’s system with the system that Boole constructed over twenty-two centuries later intending to extend and perfect what Aristotle had started. This comparison merits an article itself. Accordingly, this article does not discuss (...)
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  47. Comparative Legal Interpretation.Kent Greenawalt - 2010 - Oxford University Press.
    Introduction: dimensions of inquiry -- Speaker intent and convention; linguistic meaning and pragmatics; Vagueness and indeterminacy: three topics in the philosophy of language -- Literary interpretation, performance art, and related subjects -- Religious interpretation -- General theories of interpretation -- Starting from the bottom: informal instructions -- The law of agency -- Wills -- Contracts -- Judicial alterations of textual provisions: Cy Pres and relatives -- Conclusion and a comparison.
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  48.  20
    Pragmatic Maxims and Presumptions in Legal Interpretation.Fabrizio Macagno, Douglas Walton & Giovanni Sartor - 2018 - Law and Philosophy 37 (1):69-115.
    The fields of linguistic pragmatics and legal interpretation are deeply interrelated. The purpose of this paper is to show how pragmatics and the developments in argumentation theory can contribute to the debate on legal interpretation. The relation between the pragmatic maxims and the presumptions underlying the legal canons are brought to light, unveiling the principles that underlie the types of argument usually used to justify a construction. The Gricean maxims and the arguments of legal interpretation are (...)
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  49.  55
    Deconstruction and the Possibility of Justice.Drucilla Cornell, Michel Rosenfeld & David Gray Carlson (eds.) - 1992 - Routledge.
    The purpose of this volume is to rethink the questions posed by Derrida's writings and his unique philosophical positioning, without reference to the catch phrases that have supposedly summed up deconstruction.
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  50. How Hume and Kant Reconstruct Natural Law: Justifying Strict Objectivity Without Debating Moral Realism.Kenneth R. Westphal - 2016 - Oxford University Press UK.
    Kenneth R. Westphal presents an original interpretation of Hume's and Kant's moral philosophies, the differences between which are prominent in current philosophical accounts. Westphal argues that focussing on these differences, however, occludes a decisive, shared achievement: a distinctive constructivist account of the basic principles of justice which justifies their strict objectivity without invoking moral realism nor moral anti- or irrealism. Westphal explores how Hume developed a kind of constructivism for basic property rights and for government, and how Kant greatly (...)
     
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