The paper gives an overview of recent doctrines of legal interpretation that can be subsumed under the common name “institutional turn” in theories of legal interpretation. Among the reviewed theoretical positions are the ones from Jeremy Wаldron, Victoria Nourse, Cass Sunstein, Adrian Vermeule, Scott Shapiro. It is concluded that the institutional turn in legal interpretation offers some significant insights into legal interpretation and interesting perspectives on the appropriate interpretative methodologies. The turn, however, does this by eschewing parts of traditional accounts of legal interpretation that are arguably worth preserving in any theory of legal interpretation.
Izvor:
Legal Interpretation and Scientific Knowledge, 2019, 187-209
TY - CHAP
AU - Spaić, Bojan
PY - 2019
UR - https://ralf.ius.bg.ac.rs/handle/123456789/1150
AB - The paper gives an overview of recent doctrines of legal interpretation that can be subsumed under the common name “institutional turn” in theories of legal interpretation. Among the reviewed theoretical positions are the ones from Jeremy Wаldron, Victoria Nourse, Cass Sunstein, Adrian Vermeule, Scott Shapiro. It is concluded that the institutional turn in legal interpretation offers some significant insights into legal interpretation and interesting perspectives on the appropriate interpretative methodologies. The turn, however, does this by eschewing parts of traditional accounts of legal interpretation that are arguably worth preserving in any theory of legal interpretation.
T2 - Legal Interpretation and Scientific Knowledge
T1 - Institutional turn(S) in theories of legal interpretation
EP - 209
SP - 187
DO - 10.1007/978-3-030-18671-5_8
UR - conv_3423
ER -
@inbook{
author = "Spaić, Bojan",
year = "2019",
abstract = "The paper gives an overview of recent doctrines of legal interpretation that can be subsumed under the common name “institutional turn” in theories of legal interpretation. Among the reviewed theoretical positions are the ones from Jeremy Wаldron, Victoria Nourse, Cass Sunstein, Adrian Vermeule, Scott Shapiro. It is concluded that the institutional turn in legal interpretation offers some significant insights into legal interpretation and interesting perspectives on the appropriate interpretative methodologies. The turn, however, does this by eschewing parts of traditional accounts of legal interpretation that are arguably worth preserving in any theory of legal interpretation.",
journal = "Legal Interpretation and Scientific Knowledge",
booktitle = "Institutional turn(S) in theories of legal interpretation",
pages = "209-187",
doi = "10.1007/978-3-030-18671-5_8",
url = "conv_3423"
}
Spaić, B.. (2019). Institutional turn(S) in theories of legal interpretation. in Legal Interpretation and Scientific Knowledge, 187-209.
https://doi.org/10.1007/978-3-030-18671-5_8
conv_3423
Spaić B. Institutional turn(S) in theories of legal interpretation. in Legal Interpretation and Scientific Knowledge. 2019;:187-209.
doi:10.1007/978-3-030-18671-5_8
conv_3423 .
Spaić, Bojan, "Institutional turn(S) in theories of legal interpretation" in Legal Interpretation and Scientific Knowledge (2019):187-209,
https://doi.org/10.1007/978-3-030-18671-5_8 .,
conv_3423 .
