Interpretation, Law and the Construction of Meaning

by ; ;
Format: Hardcover
Pub. Date: 2007-01-01
Publisher(s): Springer Verlag
  • Free Shipping Icon

    This Item Qualifies for Free Shipping!*

    *Excludes marketplace orders.

List Price: $188.99

Rent Textbook

Select for Price
There was a problem. Please try again later.

Rent Digital

Rent Digital Options
Online:30 Days access
Downloadable:30 Days
$35.64
Online:60 Days access
Downloadable:60 Days
$47.52
Online:90 Days access
Downloadable:90 Days
$59.40
Online:120 Days access
Downloadable:120 Days
$71.28
Online:180 Days access
Downloadable:180 Days
$77.22
Online:1825 Days access
Downloadable:Lifetime Access
$118.80
$77.22

New Textbook

We're Sorry
Sold Out

Used Textbook

We're Sorry
Sold Out

How Marketplace Works:

  • This item is offered by an independent seller and not shipped from our warehouse
  • Item details like edition and cover design may differ from our description; see seller's comments before ordering.
  • Sellers much confirm and ship within two business days; otherwise, the order will be cancelled and refunded.
  • Marketplace purchases cannot be returned to eCampus.com. Contact the seller directly for inquiries; if no response within two days, contact customer service.
  • Additional shipping costs apply to Marketplace purchases. Review shipping costs at checkout.

Summary

Legal semiotics emphasizes the contingency and fluidity of legal concepts and stresses the existence of overlapping, competing and coexisting legal discourses. In response to new problems, changing power structures, changing societal norms and new faces of injustice established doctrines are reconsidered, reformulated and partly replaced by competing doctrines and hypotheses. Given the relative indeterminacy of law, it is no surprise that the problem of interpretation has always been one of the focal points of attention for legal semiotics. Who has the power to define words and concepts? Who can successfully assume the power to speak on behalf of the legal community? Which methods are used to justify the power to define?This book discusses the questions mentioned above from three, related perspectives:Legal theory (Part I). This part discusses how more traditional approaches have dealt with the problem of legal interpretation and indeterminacy, questions the methods applied in traditional legal theory and offers new theoretical tools to understand the problem of legal interpretation.Judicial reasoning (Part II). The insights discussed in Part I are refined using legal semiotics, speech act theory and rhetorics and applied to the legal reasoning of courts and tribunals either in common law and civil law traditions.Application of law in politics and diplomatic practice (Part III). Traditionally, the study of legal reasoning has focussed on the application of law by courts and tribunals. However, legal reasoning also takes place outside the courtroom and takes up in the political and diplomatic arena. Who is included and excluded by particular conceptions of law? How does law deal with the phenomenon of interculturality?"Combining theoretical inspiration with a keen interest in case law, this volume will appeal to scholars and students of legal theory, jurisprudence, legal anthropology, postcolonial studies, indeed to anyone who's interested in problems of interpretation in legal and political theory and practice. It should also come in very handy in the classroom."Ronnie Lippens, Professor of Criminology, Keele University.

Table of Contents

Law as fact, law as fiction : a tripartite model of legal communicationp. 3
Lexical indeterminacy : contextualism and rule-following in common law adjudicationp. 21
Topical jurisprudence : reconciliation of law and rhetoricp. 49
Legal speech acts as intersubjective communicative actionp. 65
Who needs fact when you've got narrative? : the case of P,C&S vs United Kingdomp. 85
Taking facts seriouslyp. 109
Transforming ambiguity into vagueness in legal interpretationp. 121
The inclusive/exclusive nation : Blacks and indigenous peoples in the construction of the nation in Colombiap. 141
Global values and floating borders in the Brazilian Amazonp. 169
Landmarks for aboriginal law in Australiap. 195
Table of Contents provided by Blackwell. All Rights Reserved.

An electronic version of this book is available through VitalSource.

This book is viewable on PC, Mac, iPhone, iPad, iPod Touch, and most smartphones.

By purchasing, you will be able to view this book online, as well as download it, for the chosen number of days.

Digital License

You are licensing a digital product for a set duration. Durations are set forth in the product description, with "Lifetime" typically meaning five (5) years of online access and permanent download to a supported device. All licenses are non-transferable.

More details can be found here.

A downloadable version of this book is available through the eCampus Reader or compatible Adobe readers.

Applications are available on iOS, Android, PC, Mac, and Windows Mobile platforms.

Please view the compatibility matrix prior to purchase.