Legal Interpretation: Perspectives from Other Disciplines and Private Texts

New
Hardcover
2010
$102.22

Comparative Legal Interpretation focuses on textual interpretation of the law. All law needs to be interpreted, and there are many ways to do it. Greenawalt covers the dominant methods of legal interpretation, explaining their underlying structure and efficacy. But there are other issues involved. Which perspective should we prioritize-the writer or the reader? Should interpretation be abstract or contextual? Should it have a specific aim or a general objective? To answer these tough questions, he explores how interpretive strategies from other disciplines-the philosophy of language, literary and musical interpretation, religious interpretation, and general interpretive theory-can augment and enrich our methods of legal interpretation.

Synopsis

Comparative Legal Interpretation focuses on textual interpretation of the law. All law needs to be interpreted, and there are many ways to do it. Greenawalt covers the dominant methods of legal interpretation, explaining their underlying structure and efficacy. But there are other issues involved. Which perspective should we prioritize-the writer or the reader? Should interpretation be abstract or contextual? Should it have a specific aim or a general objective? To answer these tough questions, he explores how interpretive strategies from other disciplines-the philosophy of language, literary and musical interpretation, religious interpretation, and general interpretive theory-can augment and enrich our methods of legal interpretation.

$102.22

Quantity

20+ in stock

More Information

Format: Hardcover
Pages: 368
Publisher: OUP USA
Published: 23 Dec 2010
ISBN 10: 0199756139
ISBN 13: 9780199756131

Media Reviews

A wonderful discussion of the problem of interpretation in contract law. Greenawalt takes up an extremely difficult and highly controverted subject and analyzes it persuasively, authoritatively, and with great clarity and fair-mindedness. His analysis will undoubtedly be central to all future discussions of contractual interpretation. --Melvin Eisenberg, Professor of Law, University of California-Berkeley School of Law

In this engaging and erudite book, Kent Greenawalt carefully shows why not all efforts to discern the meaning and application of texts are the same. Even within the discipline of law, the interpretive endeavor ranges over a variety of domains from open-ended constitutional clauses, to ordinary statutes and private documents. It is one of the great virtues of this book that Greenawalt reminds us that legal interpretation is less about the nature of language or meaning as it is crucially about how a legal system should work. --Suzanne Last Stone, University Professor of Jewish Law and Contemporary Civilization, Yeshiva University

Legal Interpretation offers a masterful exploration of what law can learn from other disciplines before focusing on the under-studied area of legal interpretation in private transactions. Kent Greenawalt emphasizes the range of tools that judges can and should use in interpreting legal texts, while arguing persuasively against those who would dogmatically narrow legal interpretation to a single tool or approach. The book is a welcome addition to the field, and a solid foundation for the promised future volumes on statutory and constitutional interpretation. --Brian H. Bix, Professor of Law and Philosophy, University of Minnesota

Greenawalt presents an extraordinary overview and an incisive introduction to a topic of profound importance to legal thought and practice. This book is certain to influence thinking about interpretation in law and related fields for many years to come. --Geoffrey Parsons Miller, Professor of Law, New York University Law School

At a time of deliberation over how, or even whether, judges should interpret the law, Kent Greenawalt reminds us that interpretation is inescapable in law as in most human endeavors. And in this wise and elegant work he demonstrates how good interpretation is a high intellectual art as well as a moral and (in the most complimentary sense) political art. This book will become a landmark of modern Pragmatism, and, fittingly, Greenawalt ends by applying his approach to the everyday world of legal challenges, from wills to contracts to statutes. This is an invaluable resource for lawyers and legal scholars. --Robert Weisberg, Professor of Law, Stanford University

Author Bio

Kent Greenawalt is University Professor of Law at Columbia University.