Interpretation, Law and the Construction of Meaning

Collected Papers on Legal Interpretation in Theory, Adjudication and Political Practice

Editors: Wagner, Anne, Werner, Wouter, Cao, Deborah (Eds.)

Buy this book

eBook $149.00
price for USA (gross)
  • ISBN 978-1-4020-5320-7
  • Digitally watermarked, DRM-free
  • Included format: PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $199.00
price for USA
  • ISBN 978-1-4020-5319-1
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $199.00
price for USA
  • ISBN 978-90-481-7338-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
About this book

Legal semiotics emphasizes the contingency and fluidity of legal concepts and stresses the existence of overlapping, competing and coexisting legal discourses. In response to new problems, changing power structures, changing societal norms and new faces of injustice established doctrines are reconsidered, reformulated and partly replaced by competing doctrines and hypotheses. Given the relative indeterminacy of law, it is no surprise that the problem of interpretation has always been one of the focal points of attention for legal semiotics. Who has the power to define words and concepts? Who can successfully assume the power to speak on behalf of the legal community? Which methods are used to justify the power to define?

This book discusses the questions mentioned above from three, related perspectives:

  • Legal theory (Part I). This part discusses how more traditional approaches have dealt with the problem of legal interpretation and indeterminacy, questions the methods applied in traditional legal theory and offers new theoretical tools to understand the problem of legal interpretation.

  • Judicial reasoning (Part II). The insights discussed in Part I are refined using legal semiotics, speech act theory and rhetorics and applied to the legal reasoning of courts and tribunals either in common law and civil law traditions.

  • Application of law in politics and diplomatic practice (Part III). Traditionally, the study of legal reasoning has focussed on the application of law by courts and tribunals. However, legal reasoning also takes place outside the courtroom and takes up in the political and diplomatic arena. Who is included and excluded by particular conceptions of law? How does law deal with the phenomenon of interculturality?

"Combining theoretical inspiration with a keen interest in case law, this volume will appeal to scholars and students of legal theory, jurisprudence, legal anthropology, postcolonial studies, indeed to anyone who’s interested in problems of interpretation in legal and political theory and practice. It should also come in very handy in the classroom."
Ronnie Lippens, Professor of Criminology, Keele University.

Reviews

"Combining theoretical inspiration with a keen interest in case law, this volume will appeal to scholars and students of legal theory, jurisprudence, legal anthropology, postcolonial studies, indeed to anyone who’s interested in problems of interpretation in legal and political theory and practice. It should also come in very handy in the classroom." Ronnie Lippens, Professor of Criminology, Keele University


Table of contents (6 chapters)

  • Law as Fact, Law as Fiction

    Hanneke Van Schooten

    Pages 3-20

  • Lexical Indeterminacy

    Ross Charnock

    Pages 21-47

  • Topical Jurisprudence

    Anita Soboleva

    Pages 49-63

  • Legal Speech Acts as Intersubjective Communicative Action

    Deborah Cao

    Pages 65-82

  • Who needs Fact when you’ve got Narrative? The Case of P,C&S vs. United Kingdom

    Clive Baldwin

    Pages 85-108

Buy this book

eBook $149.00
price for USA (gross)
  • ISBN 978-1-4020-5320-7
  • Digitally watermarked, DRM-free
  • Included format: PDF
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $199.00
price for USA
  • ISBN 978-1-4020-5319-1
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Softcover $199.00
price for USA
  • ISBN 978-90-481-7338-9
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.
Loading...

Recommended for you

Loading...

Bibliographic Information

Bibliographic Information
Book Title
Interpretation, Law and the Construction of Meaning
Book Subtitle
Collected Papers on Legal Interpretation in Theory, Adjudication and Political Practice
Editors
  • Anne Wagner
  • Wouter Werner
  • Deborah Cao
Copyright
2007
Publisher
Springer Netherlands
Copyright Holder
Springer Science+Business Media B.V.
eBook ISBN
978-1-4020-5320-7
DOI
10.1007/1-4020-5320-7
Hardcover ISBN
978-1-4020-5319-1
Softcover ISBN
978-90-481-7338-9
Edition Number
1
Number of Pages
XIV, 219
Topics