Text as Tool: Why We Read the Law
The advantage of intentionalism, as a theory of legal interpretation, is not that it is more useful but that it is true. Viewed a different way, the meaning of a text flows not from the author's intent but from one's reasons for reading the text. This view of interpretation yields a truly...
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| Veröffentlicht in: | Washington and Lee law review 1995-01, Vol.52 (1), p.105 |
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| 1. Verfasser: | |
| Format: | Artikel |
| Sprache: | eng |
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| Online-Zugang: | Volltext |
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| Zusammenfassung: | The advantage of intentionalism, as a theory of legal interpretation, is not that it is more useful but that it is true. Viewed a different way, the meaning of a text flows not from the author's intent but from one's reasons for reading the text. This view of interpretation yields a truly pragmatist understanding of textual meaning. Practical limits exist on the purposes for which a given text can be used, and with those limits the meaning of the text is that which best serves the reader's purposes. The true meaning and the useful meaning are one and the same. |
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| ISSN: | 0043-0463 1942-6658 |