Just interpretations : law between ethics and politics
著者
書誌事項
Just interpretations : law between ethics and politics
（Philosophy, social theory, and the rule of law, 4）
University of California Press, 1998
大学図書館所蔵 全23件
注記
Includes bibliographical references and index
内容説明・目次
内容説明
In pluralistic societies that lack common ethical, social, and political values, legal interpretation is constantly under siege. Just interpretations - that is, interpretations that reflect a shared vision of justice - may become just interpretations in the sense of mere interpretations, rooted in the orientations and interests of different groups. Confronting this crisis in legal interpretation, "Just Interpretations" offers a critical appraisal of the principal theoretical trends in contemporary American and European jurisprudence and proposes an alternative approach.Michel Rosenfeld's critique focuses on neoformalism, pragmatism, discourse theory, and legal autopoiesis, and includes discussions of such authors as Habermas, Rorty, Posner, Luhmann, Dworkin, Fish, and Weinrib. To overcome the drawbacks of these theories, Rosenfeld elaborates a theory of "comprehensive pluralism," based on a substantive vision of pluralism. This approach, building on the insights of deconstruction, turns the fact of pluralism into a guiding normative imperative.
"Just Interpretations" will attract the attention of constitutional scholars, political scientists, and critical theorists, and will also address an interdisciplinary audience interested in texts, interpretations, and postmodern concerns with justice.
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