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Objectivity And Democracy, David K. Millon
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 "language-game" …
Faith In The Republic: A Frances Lewis Law Center Conversation, Ann Maclean Massie, David K. Millon
Faith In The Republic: A Frances Lewis Law Center Conversation, Ann Maclean Massie, David K. Millon
David K. Millon
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