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Jurisprudence Commons

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1992

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Objectivity And Democracy, David K. Millon Jan 1992

Objectivity And Democracy, David K. Millon

Scholarly Articles

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 ...


Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun Jan 1992

Conviction Without Imposition: A Response To Professor Greenawalt, Samuel W. Calhoun

Scholarly Articles

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