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A short note on interpretation of legal texts

James Ressel-2014-03-29-NECTAR - Northampton Electronic Collection of Thesis and Research (University of Northampton)

TL;DRAbstract

The paper argues that the conventional theories of interpretation, often loosely but conveniently abbreviated for instance to the literal or purposive approaches, fail to problematise the process of interpretation sufficiently, and in fact operate to perpetuate the myth of self-delusion. 
\nAccordingly, the validity of the accepted notion of interpretative theory as offering unique or singular opening to understanding of legal texts, is in doubt.
\nFurthermore, it cannot logically follow that the proposition legal texts somehow have the potential to yield unique or singular interpretation beyond a shared belief in a myth of such singular objectivity.

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The paper argues that the conventional theories of interpretation, often loosely but conveniently abbreviated for instance to the literal or purposive approaches, fail to problematise the process of interpretation sufficiently, and in fact operate to perpetuate the myth of self-delusion. 
\nAccordingly, the validity of the accepted notion of interpretative theory as offering unique or singular opening to understanding of legal texts, is in doubt.
\nFurthermore, it cannot logically follow that the proposition legal texts somehow have the potential to yield unique or singular interpretation beyond a shared belief in a myth of such singular objectivity.

Keywords

Interpretation (philosophy)Objectivity (philosophy)PropositionEpistemologyMythologyLiteral (mathematical logic)PhilosophyLinguistics

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