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The Interpretation-Construction Distinction, Lawrence B. Solum
The Interpretation-Construction Distinction, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
The interpretation-construction distinction, which marks the difference between linguistic meaning and legal effect, is much discussed these days. I shall argue that the distinction is both real and fundamental – that it marks a deep difference in two different stages (or moments) in the way that legal and political actors process legal texts. My account of the distinction will not be precisely the same as some others, but I shall argue that it is the correct account and captures the essential insights of its rivals. This Essay aims to mark the distinction clearly!
The basic idea can be explained by …