Mark Greenberg, UCLA School of Law and Department of Philosophy, is publishing Legal Interpretation in the Stanford Encyclopedia of Philosophy (forthcoming). Here is the abstract.
This paper is a long version of my chapter on legal interpretation for the Stanford Encyclopedia of Philosophy. A shorter and otherwise modified version will go online soon. But some readers may be interested in the full-length version. Legal interpretation involves scrutinizing legal texts such as the texts of statutes, constitutions, contracts, and wills. This chapter introduces the foundational question of what legal interpretation, by its nature, seeks—and competing answers to that question. It goes on to canvas leading substantive theories of legal interpretation and examines in greater depth a few influential theories and difficulties they encounter. Finally, the chapter considers how theories of legal interpretation should be defended and evaluated.Download the essay from SSRN at the link.
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