To interpret is to seek understanding. This formulation hides as much as it reveals and I propose to unpack it. I argue that interpreting is only a part of what legal theorists and practitioners do. In Part I, I attempt an ‘in vitro’ analysis and present the bare concept of interpretation: interpretation is an activity that needs an object; interpreting is reasoning about meaning when there is a possibility of mistake about that meaning. Part II focuses on two domains of interpretation: musical performance and adjudication. I rely on Joseph Raz’s account of interpretation as explanation or display and identify the former domain as a paradigm of display and the latter as a paradigm of explanation. Both are examples of interpretation for others and involve a claim to theoretical authority on the part of interpreters. But, unlike musicians- who interpret only works of music- judges interpret a great variety of objects. Musical interpretation is identified by its object, whereas legal interpretation is not. Legal interpretation is explanation of legal meaning. I then discuss the tenets of the minimalist view of legal interpretation: (i) legal rules are not interpretable and legal texts are not primary objects of legal interpretation; (ii) there is a difference between interpretative authority (a form of theoretical authority) and legal authority (a form of practical authority) and interpretative conclusions can be theoretically authoritative without being exclusionary reasons for action; (iii) Interpreting and adjudicating are different activities. Interpretation explains, adjudication resolves. Legal interpreters do not produce legal rules: they are required to be guided by them.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:618485 |
| Date | January 2014 |
| Creators | Barradas de Freitas, Raquel |
| Contributors | Gardner, John |
| Publisher | University of Oxford |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Source | http://ora.ox.ac.uk/objects/uuid:6660c431-e278-4a42-9e3d-ca43893fcf31 |
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