11648845
Description
Flashcards by Dúber Celis, updated more than 1 year ago
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Created by Dúber Celis
about 7 years ago
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| Question | Answer |
| Importance of interpretation in legal practice (1). | 1. Interpretation is not essential to morality but is esencial to legal practices. 2. Law provide common standards for the guidance of the people. 3. Where interpretation is concerned that distinction (existing law and creation law) does not apply. |
| Importance of interpretation in legal practice (2). | 4. All cases can be decide by legal interpretation and therefore the law is complete. 5. While moral matters are perhaps subjetive, the law is objective. |
| General feactures of all interpretation (1) | 1. Every interpretation is of an object. 2. There can be good and bad interpretaciones (success as interpretation). |
| General feactures of all interpretation (2) | 3. There can be competing good interpretation of the same objet. 4. interpretations are judged good or bad by their ability to make people understand the meaning of their object. |
| Is the success of interpretation an objective matter? | Claims that interpretations are not, and cannot be, objective challenge either the coherence or the presuppositions of our practice, and claim that the practice of interpretation cannot really make sense, or cannot really have a point unless it is changed to be a practice of subjective opinions |
| Is there conflicto between the existence of a plurality of distinct valúes and their objectivity? | The conflict results from the fact that an interpretation is good only if it illuminates the meaning of its object. |
| Subjectivism | The way any interpreter sees the object of interpretation at any time, as expressed in the interpretation, determines its meaning. |
| Why interpretations are successful? | They are successful to the extent that they illuminate the meaning of their objects they should be supported by constitutive reasons which show how they do so. |
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