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Legal History

2012

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Jurisprudence

David K. Millon

Articles 1 - 2 of 2

Full-Text Articles in Law

Objectivity And Democracy, David K. Millon Dec 2012

Objectivity And Democracy, David K. Millon

David K. Millon

As a response to skepticism about the possibility of objectivity in legal decisionmaking conventionalism posits the shared understandings of the legal profession (about method and the implications of doctrine) as the source of constraint in legal interpretation. In this Article, Professor Millon argues that conventionalism's proponents have failed to offer an adequate account of interpretive constraint, but that conventionalism properly understood can nevertheless provide a useful perspective on the possibility of objectivity in legal interpretation. This account locates interpretive constraint in the practices of the legal profession as a whole, acting as an "interpretive community" or constituting a distinctive ...


Faith In The Republic: A Frances Lewis Law Center Conversation, Ann Maclean Massie, David K. Millon Nov 2012

Faith In The Republic: A Frances Lewis Law Center Conversation, Ann Maclean Massie, David K. Millon

David K. Millon

None available.