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Toward an Informal Account of Legal Interpretation Allan C. Hutchinson (York University, Toronto)

Toward an Informal Account of Legal Interpretation By Allan C. Hutchinson (York University, Toronto)

Toward an Informal Account of Legal Interpretation by Allan C. Hutchinson (York University, Toronto)


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Summary

Toward an Informal Account of Legal Interpretation offers a viable account of law, judicial decision-making, and legal interpretation that is as fresh as it is familiar. The author expertly challenges the dominant mode of formalist theorizing and proposes an explanatory account of legal interpretation that can profitably be understood as an 'informal' intervention.

Toward an Informal Account of Legal Interpretation Summary

Toward an Informal Account of Legal Interpretation by Allan C. Hutchinson (York University, Toronto)

Toward an Informal Account of Legal Interpretation offers a viable account of law, judicial decision-making, and legal interpretation that is as fresh as it is familiar. The author expertly challenges the dominant mode of formalist theorizing and proposes an explanatory account of legal interpretation that can profitably be understood as an 'informal' intervention. Such an informal approach has no truck with either the claims of the formalists (i.e., that law is something separate from ideology) or those of the anti-formalists (i.e., that law is nothing other than ideological posturing). Hutchinson insists that, when understood properly, legal interpretation is an applied exercise in law-and-ideology; it is both constrained and unconstrained in equal measure. In developing this informalist account through a sustained application of the 'no vehicles in the park' rule, this book is wide-ranging in theoretical scope and substance, but also accessible and practical in style.

About Allan C. Hutchinson (York University, Toronto)

Allan C. Hutchinson is Distinguished Research Professor at Osgoode Hall Law School, York University, Toronto.

Table of Contents

1. An informal opening; 2. Among the formalist ghosts; 3. Walking softly: the positivist contribution; 4. Walking with purpose: a naturalist turn; 5. Back to the future: an originalist gambit; 6. A hard line: further positivist efforts; 7. Crossing over: the anti-formalist critique; 8. Moving on: an ideological inquiry; 9. Law and ideology: the informalist approach; 10. Looking for the informal judge.

Additional information

GOR012475591
9781107152328
1107152321
Toward an Informal Account of Legal Interpretation by Allan C. Hutchinson (York University, Toronto)
Used - Good
Hardback
Cambridge University Press
20161020
200
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in good condition, but if you are not entirely satisfied please get in touch with us

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