FACTOID # 29: 73.3% of America's gross operating surplus in motion picture and sound recording industries comes from California.
 
 Home   Encyclopedia   Statistics   States A-Z   Flags   Maps   FAQ   About 
   
 
WHAT'S NEW
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Interpretivism

Interpretivism is a school of thought in contemporary jurisprudence and the philosophy of law. In the English speaking world, interpretivism is usually identified with Ronald Dworkin's theses on the nature of law, but the word also covers continental legal hermeneutics and authors such as Helmut Coing and Emilio Betti. Legal hermeneutics can be seen as a branch of philosophical hermeneutics, whose main authors in the 20th century are Heidegger and Gadamer, both drawing on Husserl's phenomenology. Hermeneutics has now expanded to many varied areas of research in the social sciences as an alternative to a conventionalist approach. Jurisprudence is essentially the theory and philosophy of law. ... Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as what is the law?, what are the criteria for legal validity?, what is the relationship between law and morality?, and many other similar questions. ... The English language is a West Germanic language that originates in England. ... Ronald Dworkin (born 1931) is an American philosopher, especially noted for his contributions to jurisprudence including legal philosophy, political philosophy, and moral philosophy. ... This article or section is missing references or citation of sources. ... Emilio Betti (1890-1968) was an Italian theologian, philosopher and jurist. ... This article or section is incomplete and may require expansion and/or cleanup. ... (19th century - 20th century - 21st century - more centuries) Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s As a means of recording the passage of time, the 20th century was that century which lasted from 1901–2000 in the sense of the Gregorian calendar (1900–1999 in the... Martin Heidegger (September 26, 1889 – May 26, 1976) was a German philosopher. ... Hans-Georg Gadamer Hans-Georg Gadamer (February 11, 1900 – March 13, 2002) was a German philosopher best known for his 1960 magnum opus, Truth and Method (Wahrheit und Methode). ... Edmund Husserl Edmund Gustav Albrecht Husserl (April 8, 1859 - April 26, 1938, Freiburg) was a German philosopher, known as the father of phenomenology. ... Look up Phenomenology in Wiktionary, the free dictionary. ... The social sciences are a group of academic disciplines that study the human aspects of the world. ...


In a wider sense, interpretivism includes even the theses of, in chronological order, Josef Esser, Theodor Viehweg, Chaim Perelman, Wolfgang Fikentscher, Castanheira Neves, Friedrich Müller, Aulis Aarnio and Robert Alexy. Chaïm Perelman (May 20, 1912 – January 22, 1984), a Polish-born philosopher of law, who studied, taught, and lived most of his life in Brussels. ... António Castanheira Neves (born November 8, 1929) is a Portuguese legal philosopher and a professor emeritus at the law faculty of the University of Coimbra. ... Robert Alexy (born September 9, 1945 in Oldenburg, Germany) is a jurist and a philosopher. ...


The main claims of interpretivism are:

  • Law is not a set of given data, conventions or physical facts, but what lawyers aim to construct or obtain in their practice. This marks a first difference between interpretivism and legal positivism. But the refusal that law be a set of given entities opposes interpretivism to natural law too.
  • There is no separation between law and morality, although there are differences. This is the opposite of the main claim of legal positivism.
  • Law is not immanent in nature nor do legal values and principles exist independently and outside of the legal practice itself. This is the opposite of the main claim of natural law theory.

A convention is a set of agreed, stipulated or generally accepted rules, norms, standards or criteria, often taking the form of a custom. ... A lawyer is a person qualified to give legal advice who advises clients in legal matters and represents them in courts of law and in other forms of dispute resolution. ... A practice refers to a way that something is done. ... Legal positivism is a school of thought in modern and contemporary jurisprudence and the philosophy of law. ... It has been suggested that Anarchist law be merged into this article or section. ... Morality deals with that which is regarded as right or wrong. ... Immanence is a religious and philosophical concept. ...

External links

  • Stanford Encyclopedia's articles on legal interpretivism, by Nicos Stavropoulos, and on interpretation and coherence in law, by Julie Dickson.

  Results from FactBites:
 
Interpretivism - Wikipedia, the free encyclopedia (288 words)
Interpretivism is a school of thought in contemporary jurisprudence and the philosophy of law.
In the English speaking world, interpretivism is usually identified with Ronald Dworkin's theses on the nature of law, but the word also covers continental legal hermeneutics and authors such as Helmut Coing and Emilio Betti.
Stanford Encyclopedia's articles on legal interpretivism, by Nicos Stavropoulos, and on interpretation and coherence in law, by Julie Dickson.
Interpretivist Theories of Law (4880 words)
Interpretivism is the view that, if true, a proposition of law is true in virtue of an interpretive fact: in a nutshell, in virtue of the fact that the proposition follows from the best justification of a community's political practice.
Interpretivism therefore claims that legal requirements are sensitive to both the facts of the practice and the values served by it, but not fully determined by either.
Interpretivism says that values select, from among all the facts that could conceivably be determinants of legal duty, the ones that are such determinants, by providing an account that justifies the impact that each precise determinant has on our rights and duties.
  More results at FactBites »

 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m