Chapter

General Theories of Interpretation

Kent Greenawalt

in Legal Interpretation

Published in print November 2010 | ISBN: 9780199756131
Published online January 2011 | e-ISBN: 9780199855292 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199756131.003.0005
General Theories of Interpretation

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This chapter turns from theories of interpretation developed in particular disciplines to general theories. Everyone agrees that legal analysis involves one form (or a number of related forms) of interpretation. Thus, any truly general theory will apply to law. But that does not tell us just how a theory will apply to various branches of law and how helpful it may be for those whose overarching interest concerns law. The chapter examines the approach of Hans–Georg Gadamer, the most influential modern hermeneutical theorist, and considers the relevance of his approach for understanding interpretation in law and for addressing issues about how that interpretation may best proceed.

Keywords: Hans–Georg Gadamer; legal interpretation; law; hermeneutical theory

Chapter.  15301 words. 

Subjects: Jurisprudence and Philosophy of Law

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