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Fish – Dworkin debate as an example of dispute about practice of interpretation of law

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

Language: Polish

Published: Number 2(11)/2015, p. 86-105.

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Filed Under: Articles Tagged With: legal interpretation, Ludwig Wittgenstein, meaning, Michał Pełka, Ronald Dworkin, Stanley Fish

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Keywords

Systems Theory value pluralism authoritarianism aims means of the law decision-making character of interpretation journalist international legal theory behavioural law & economics social engineering Milena Korycka natural language Poland’s constitutional crisis judicial proceedings analogical reasoning trial Neil MacCormick sovereignty the bar rhetoric individual and political freedom effectiveness of law structural coupling phenomenological philosophy law beyond statutory law Piyel Haldar Sławomir Piekarczyk the triad of causes Michel Foucault monocentrism Maciej Wojciechowski memory laws hybrid interpretation of law state prosecutor ethical justification law and popular culture Grundnorm Anscombe Social Insurance Institution responsibility of a professional lustration antagonism cognitive dissonance reduction letter of law language of law animal protection constitutional interpretation Bayes' theorem instrumental rationality Critical Discourse Analysis Devlin

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