Judging under Uncertainty: An Institutional Theory of Legal Interpretation
346Judging under Uncertainty: An Institutional Theory of Legal Interpretation
346Hardcover
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Overview
Product Details
ISBN-13: | 9780674022102 |
---|---|
Publisher: | Harvard University Press |
Publication date: | 05/15/2006 |
Pages: | 346 |
Product dimensions: | 6.12(w) x 9.25(h) x 1.05(d) |
About the Author
Table of Contents
Introduction
I. Critique
1. Interpretation without Institutions
2. Dynamism and Pragmatism: A Tale of Two Nirvanas
II. Reconstruction
3. The Institutional Turn
4. Judicial Capacities: A Case Study
5. Systemic Effects and Judicial Coordination
III. Applications
6. Judging under Uncertainty
7. Statutory Interpretation
8. Judicial Review and Constitutional Interpretation
Conclusion: Interim Interpretive Theory
Notes
Index
What People are Saying About This
Judging Under Uncertainty uses three basic models of statutory interpretation, all three of which are justified by a cluster of competing normative and empirical assertions that come easily to the armchair quarterbacks known as legal scholars. What is most interesting about Vermeule's work is that he attempts to strip away the normative angle and present a case for interpretive method based on the empirical side. Vermeule has contributed distinctive and imaginative scholarship on the subject of legal interpretation, clearly advancing the field substantially.
The topic of legal interpretation is a large and enduring one, and Vermeule has made a distinct contribution. Part of that contribution comes simply from the way in which, more than any other scholar of interpretation, Vermeule combines the insights of legal philosophy, public choice theory, history, economics, social psychology, and political science, among others, with a prodigious knowledge of numerous areas of law to produce a genuine comprehensive work on legal interpretation. This is a serious, thoroughly academic, and wonderfully multi-disciplinary addition to the literature on legal interpretation, and in its focus on institutions and on less-than-perfect interpreters making decisions under conditions of uncertainty has a distinct argument and a distinct voice.
Frederick Schauer, John F. Kennedy School of Government, Harvard University
Judging Under Uncertainty uses three basic models of statutory interpretation, all three of which are justified by a cluster of competing normative and empirical assertions that come easily to the armchair quarterbacks known as legal scholars. What is most interesting about Vermeule's work is that he attempts to strip away the normative angle and present a case for interpretive method based on the empirical side. Vermeule has contributed distinctive and imaginative scholarship on the subject of legal interpretation, clearly advancing the field substantially.
Philip P. Frickey, Boalt Hall School of Law, University of California, Berkeley