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Jurisprudence Commons

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Selected Works

2015

Comparative and Foreign Law

John R. Prince III

Articles 1 - 1 of 1

Full-Text Articles in Jurisprudence

It's All Interpretation, All The Way Down, Or, The Reason We Call It The “Practice” Of Law: With Observations From Two Different Legal Systems, John R. Prince Iii Feb 2015

It's All Interpretation, All The Way Down, Or, The Reason We Call It The “Practice” Of Law: With Observations From Two Different Legal Systems, John R. Prince Iii

John R. Prince III

This article explores one aspect of the philosophy of law; not what it means to refer to “the law” but what it means to discuss the “practice of law.” That practice is identified as a discursive practice, one where a text is applied to a particular factual context, and thus an interpretive practice. However, the type of interpretation involved in the practice of law is not one of translating one verbal formulation of a rule into another verbal formulation, but the act of bridging the gap between the rule and what that rule means here, and now, in a particular …