Legal theory, legal interpretation, and judicial review

Philosophy and Public Affairs 17 (2):105-148 (1988)
  Copy   BIBTEX

Abstract

I argue that disputes within constitutional theory about whether recent supreme court decisions exceed the scope of legitimate judicial review and disputes within legal theory about the nature and determinacy of law are best seen and assessed as disputes over the nature of legal interpretation. I criticize the interpretive assumptions on which these disputes generally depend and defend a theory of interpretation which tends to vindicate the determinacy of law even in hard cases and the style of recent court decisions which many critics find troublesome

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,202

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Moral theory and legal reasoning.Scott Brewer (ed.) - 1998 - New York: Garland.
Limits of legality: the ethics of lawless judging.Jeffrey Brand-Ballard (ed.) - 2010 - New York, N.Y.: Oxford University Press.
Legality.Scott Shapiro (ed.) - 2011 - Cambridge, Mass.: Harvard University Press.
Legal reasoning and legal theory revisited.Fernando Atria - 1999 - Law and Philosophy 18 (5):537-577.
Modern legal theory and judicial impartiality.Ofer Raban - 2003 - Portland, Or.: GlassHouse Press.

Analytics

Added to PP
2009-01-28

Downloads
135 (#131,586)

6 months
30 (#101,011)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

David Brink
University of California, San Diego

Citations of this work

Naturalism in legal philosophy.Brian Leiter - 2008 - Stanford Encyclopedia of Philosophy.
Free acts and robot cats.Russell Daw & Torin Alter - 2001 - Philosophical Studies 102 (3):345-57.
Two Ways to Understand the Common Law.Peter Jaffey - 2017 - Jurisprudence 8 (3):435-460.

View all 15 citations / Add more citations

References found in this work

No references found.

Add more references