Chapter

The Interpretation of Rules

FREDERICK SCHAUER

in Playing by the Rules

Published in print February 1993 | ISBN: 9780198258315
Published online March 2012 | e-ISBN: 9780191681844 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198258315.003.0009

Series: Clarendon Law Series

The Interpretation of Rules

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This chapter examines the roles of purpose and intention in the interpretation of rules from a rule-oriented perspective. It suggests that questions about the interpretation of rules are questions about how hard cases should be decided. It analyses the Hart-Fuller debate and makes claims about the interpretation made by philosopher Ronald Dworkin, and argues that legal interpretation and legal decision making leave open more of a role for a formal use of constraining rule than is commonly recognized.

Keywords: interpretation; hard cases; Ronald Dworkin; legal interpretation; legal decision making

Chapter.  9516 words. 

Subjects: Jurisprudence and Philosophy of Law

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