Is statutory interpretation solely an exercise in retrieving the drafters’ intentions? R. Dworkin’s view of judges’ interpretation of the law

Authors

DOI:

https://doi.org/10.14195/0872-0851_54_3

Keywords:

law interpretation, drafter´s intentions, Ronald Dworkin

Abstract

It is not always clear what method the judges use to interpret the law applicable to the cases to be ruled. It is argued by some philosophers of law that one should investigate the drafter´s intention in order to reach an adequate judgement. On the other hand, authors including Ronald Dworkin explains how this method of interpretation cannot be useful and neither considered correct. This essay focus especially on Ronald Dworkin´s thought and his explanations on the subject.

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Published

2018-10-07