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Author Hovinheimo, Susanna Lindroos

Title Justice and the Ethics of Legal Interpretation
Published Hoboken : Taylor & Francis, 2012

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Description 1 online resource (193 pages)
Contents Justice and the Ethics of Legal Interpretation; Copyright; Contents; Acknowledgements; Introduction: post-semantic interpretation; The uncertainty of legal interpretation; Legal interpretation and values; Chapter 1 The shared nature of language; Reading Wittgenstein; Wittgenstein's way; The indeterminacy of meaning; The community as the foundation of language; Rules and a background for language; Meanings are lived; The principle of charity; Legal language games; Shifting meanings and the tragedy of law; A tragedy or something else?; Chapter 2 Derrida on language and meaning; Grammatology
Writing and supplementarityDifférance; Textuality; Searle's and Derrida's differences in meaning; Derrida saying 'yes'; Comparing Derrida and Wittgenstein; Chapter 3 Reading the law -- hermeneutics and deconstruction; A hermeneutic view on interpretation; Being open to the text; On the ethics of hermeneutics; Hermeneutics and law; Eco and the text's rights; Interpretation or use?; Deconstruction; Deconstruction between commentary and phenomenological reduction; Comparing deconstruction and hermeneutics; What could deconstruction mean for legal interpretation?
Ethical elements of deconstructionCritchley's clĂ´tural reading; Chapter 4 The ethics of language; Central themes in Levinasian ethics: responsibility for the other; The ethical relation is asymmetrical; The saying and the said; The third; The difficulty of law; A Levinasian theory of interpretation?; Miller and the ethics of reading; Returning to semantics; The twofold ethics of legal interpretation: textual and situational; Interpretation doing justice; Chapter 5 Uncertain justice; Justice and the force of law; Justice in despair; The problem of the universal and the particular
Uncovering violence in legal interpretationThe irresponsibility of law; Accountability of the subject and responsibility of legal interpretation; Dissenting voices; Uncertainty, despair and consolation; What kind of judgments do we want?; Conclusion; Bibliography; Index
Summary Justice and the Ethics of Legal Interpretation addresses how it is that legal texts -laws, statutes and regulations -- can, and do have meaning. Conventionally, legal decisions are justified with reference to language. But since language is always open to interpretation, and so cannot fully justify any legal decision, there is a responsibility that is inherent in legal interpretation itself. In this book, Susanna Lindroos-Hovinheimo uncovers and analyses this responsibility -- which, she argues, is not limited by the text that is being interpreted (and through its mediation, by the legal syste
Notes Print version record
Form Electronic book
ISBN 9780203127988
0203127986