Just Interpretations: Law Between Ethics and Politics (Philosophy, Social Theory and the Rule of Law , No 4)

Description

In pluralistic societies that lack common ethical, social, and political values, legal interpretation is constantly under siege. Just interpretationsthat is, interpretations that reflect a shared vision of justicemay become just interpretations in the sense of mere interpretations, rooted in the orientations and interests of different groups. Confronting this crisis in legal interpretation, Just Interpretations offers a critical appraisal of the principal theoretical trends in contemporary American and European jurisprudence and proposes an alternative approach. Michel Rosenfeld's critique focuses on neoformalism, pragmatism, discourse theory, and legal autopoiesis, and includes discussions of such authors as Habermas, Rorty, Posner, Luhmann, Dworkin, Fish, and Weinrib. To overcome the drawbacks of these theories, Rosenfeld elaborates a theory of "comprehensive pluralism," based on a substantive vision of pluralism. This approach, building on the insights of deconstruction, turns the fact of pluralism into a guiding normative imperative. Just Interpretations will attract the attention of constitutional scholars, political scientists, and critical theorists, and will also address an interdisciplinary audience interested in texts, interpretations, and postmodern concerns with justice.