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Full-Text Articles in Jurisprudence
Can Legislatures Constrain Judicial Interpretation Of Statutes?, Anthony D'Amato
Can Legislatures Constrain Judicial Interpretation Of Statutes?, Anthony D'Amato
Faculty Working Papers
An aspect of the battle over deconstruction is whether resort to legislative intent might help to determine the content of a statutory text that otherwise, in splendid isolation, could be deconstructed by simply positing different interpretive contexts. I examine the same issue by recounting my own quest for determinate meaning in statutes—a sort of personal legislative history. I do not claim for jurisprudence the role of ensuring faithful reception of the legislature's message, for that is impossible. At best, jurisprudential theory only reduces the degrees of interpretive freedom, and then only probably, not necessarily. The more significant thesis of this …
Responding To Nietzsche: The Constructive Power Of Destruktion, Francis J. Mootz Iii
Responding To Nietzsche: The Constructive Power Of Destruktion, Francis J. Mootz Iii
Scholarly Works
As a student of Hans-Georg Gadamer, and later a translator and important commentator on Gadamer’s philosophy, P. Christopher Smith is widely acknowledged to be a leading hermeneutical philosopher. In a series of works, Smith has argued that Gadamer provides an important corrective to Nietzsche’s caustic critical challenges, but that Gadamer’s hermeneutics has no relevance for legal theory because law is just the manifestation of will to power. In this paper I argue that Smith misunderstands the nature of legal practice. Starting with a re-reading of the debate between Gadamer and Jacques Derrida about the legacy of Nietzsche’s philosophy, I argue …
A Brief Survey Of Deconstruction, Pierre Schlag