By Michel Rosenfeld
In pluralistic societies that lack universal moral, social, and political values, felony interpretation is consistently below siege. simply interpretationsthat is, interpretations that replicate a shared imaginative and prescient of justicemay develop into simply interpretations within the feel of mere interpretations, rooted within the orientations and pursuits of alternative teams. Confronting this difficulty in felony interpretation, simply Interpretations deals a serious appraisal of the relevant theoretical traits in modern American and ecu jurisprudence and proposes an alternate process. Michel Rosenfeld's critique makes a speciality of neoformalism, pragmatism, discourse concept, and criminal autopoiesis, and comprises discussions of such authors as Habermas, Rorty, Posner, Luhmann, Dworkin, Fish, and Weinrib. To triumph over the drawbacks of those theories, Rosenfeld elaborates a conception of "comprehensive pluralism," in accordance with a important imaginative and prescient of pluralism. This strategy, development at the insights of deconstruction, turns the actual fact of pluralism right into a guiding normative relevant. simply Interpretations will allure the eye of constitutional students, political scientists, and significant theorists, and also will tackle an interdisciplinary viewers drawn to texts, interpretations, and postmodern matters with justice.
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Extra resources for Just Interpretations: Law Between Ethics and Politics (Philosophy, Social Theory and the Rule of Law , No 4)
Example text
7 In the modern polity, the tension between naturalism and positivism8 cannot be satisfactorily resolved and is hence prone to foster instability. Naturalism, even if sufficiently determinate, cannot guarantee impartiality. Positivism, on the other hand, while strictly speaking impartial, cannot avoid being arbitrary. Furthermore, naturalism's lack of impartiality stems from its inability to yield interpretations that remain neutral as between all affected conflicting conceptions of the good. In contrast, positivism, to the 3 See Lochner v.
Furthermore, in so doing, ideally the constitution would, through protection of fundamental rights, insulate ethics from encroachments by law and politics; and, through structural constraints, demarcate a clear boundary between law and politics. Thus, although both law and politics would be shaped by a majoritarian process, law would embody the will of a past majority as formalized through the legislative process, whereas politics would embody the ongoing struggle to command future majorities. In the modern polity, conflicts concerning interpretation seem likely to be primarily confined to the realm of constitutional adjudication.
This, however, is not particularly distressing in the context of the present analysis, as the object is not to find the best conception of deconstruction. Rather, the object is to fasten onto a plausible conception of deconstruction that seems particularly well suited to shed light on the important questions raised by the crisis affecting legal interpretation. 6 While any conception of deconstruction presented in the course of this discussion involves, at best, one among many possible readings or rewritings of Derrida's conception of deconstruction, it is noteworthy that Derrida apparently conceives of deconstruction as possessing a definite ethical dimension.