Dr Michał Pełka
University of Warsaw
English abstract: The aim of the article is to critically asses the theories of interpretation developed by two prominent philosophers, namely Stanley Fish and Ronald Dworkin. After first describing and reconstructing their ideas the paper then identifies problems concerning the stance according to which everything in applying law depends on interpretation. The critic is based on the Ludwig’s Wittgenstein remark that there must be grasping the rule (or more broadly a meaning of any word) which is not interpretation, otherwise we end up in regressus ad infinitum fallacy. Paper’s main claim is that although the theory of R. Dworkin is not fully free from defects it has nevertheless more explanation power than the opponent’s propositions.
Keywords: legal interpretation, meaning, Stanley Fish, Ronald Dworkin, Ludwig Wittgenstein
Published: Number 2(11)/2015, p. 86-105.
Download file: Download
Number of downloads: 161