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Full-Text Articles in Law

Writer's Block: Why Punctuation Matters, Part Two, David Spratt Jan 2010

Writer's Block: Why Punctuation Matters, Part Two, David Spratt

Articles in Law Reviews & Other Academic Journals

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Legal Interpretation: The Window Of The Text As Transparent, Opaque, Or Translucent, George H. Taylor Jan 2010

Legal Interpretation: The Window Of The Text As Transparent, Opaque, Or Translucent, George H. Taylor

Articles

It is a common metaphor that the text is a window onto the world that it depicts. In legal interpretation, the metaphor has been developed in two ways – the legal text as transparent or opaque – and the Article proposes a third – the legal text as translucent. The claim that the legal text is transparent has been associated with more liberal methodological approaches. According to this view (often articulated by critics), the legal text does not markedly delimit meaning. Delimitation comes from the interpreters. By contrast, stress on the opacity of the legal text comes from those who …