"All of this and so much more": Original Intent, Antagonism and Non-Interpretivism
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Pier Giuseppe Monateri
In this paper I start from a discussion of ``originalism" as a practice of interpretation pointing at the intent of the framers as ``the" governing factor in interpretation. My first step is to contrast it with the approach of non-interpretivism. Then I discuss ``interpretation" itself as a package to depict social practices of meaning production, focusing on three peculiar historical settings : Alexandria, Scholasticism, and the ``birth" of Hermeneutics. My aim is to show the ``essentialist" move of posing the concept of ``meaning" as a key factor in the ``ideology" of interpretation. Such a discussion is introductory to a reappraisal of the current debate about criticism, and the distinction between interpretation and use-of-the-texts. I then examine archeology as a radical alternative to interpretive practices. But my final step will be to shift away from the blunt opposition between interpretivism and non-interpretivism, to suggest a more complex arrangement based on an ironic misuse of interpretivism, and a framing of interpretation as an antagonistic process.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Artikel in diesem Heft
- Frontiers Article
- "All of this and so much more": Original Intent, Antagonism and Non-Interpretivism
- Reflections on "The Common Core of European Private Law" Project
- Synthetic Readings of Roscoe Pound's Jurisprudence
- The Principles Of European Contract Law: Some Choices Made By The Lando Commission
- Basic Issues of Private Law Codification in Europe: Trust
- Advances Article
- The Good Faith Principle in Contract Law and the Precontractual Duty to Disclose: Comparative Analysis of New Differences in Legal Cultures
- Comparative Personal Property: The Case of Shares
- Property Transferred in Breach of Trust
- Legal Change and Economic Performance
- On Good Faith and Insurance: A Comparative Study of Judicial Activism in the World's Largest Democracy.
- Topics Article
- An Introduction to the Law of Contracts in Italy
- Globalization and Cross-Border Litigation
- An Introduction to Greek Contract Law
- The Evolution and Integration of Different Legal Systems in the Horn of Africa: the Case of Somaliland
- Securitisation and Bankruptcy in Indonesia: Theme and Variations
Artikel in diesem Heft
- Frontiers Article
- "All of this and so much more": Original Intent, Antagonism and Non-Interpretivism
- Reflections on "The Common Core of European Private Law" Project
- Synthetic Readings of Roscoe Pound's Jurisprudence
- The Principles Of European Contract Law: Some Choices Made By The Lando Commission
- Basic Issues of Private Law Codification in Europe: Trust
- Advances Article
- The Good Faith Principle in Contract Law and the Precontractual Duty to Disclose: Comparative Analysis of New Differences in Legal Cultures
- Comparative Personal Property: The Case of Shares
- Property Transferred in Breach of Trust
- Legal Change and Economic Performance
- On Good Faith and Insurance: A Comparative Study of Judicial Activism in the World's Largest Democracy.
- Topics Article
- An Introduction to the Law of Contracts in Italy
- Globalization and Cross-Border Litigation
- An Introduction to Greek Contract Law
- The Evolution and Integration of Different Legal Systems in the Horn of Africa: the Case of Somaliland
- Securitisation and Bankruptcy in Indonesia: Theme and Variations
