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The craft of legal interpretation
pp. 153-178
Résumé
Legal scholars sometimes demand too much from legal determinacy or objectivity. In order for the law to perform its social function, it must be possible to identify well grounded legal positions and differentiate them from positions that lack sufficient support in the law. Using the example of the US government legal opinions authorizing torture, this chapter argues that lawyers can evaluate legal judgments for their plausibility. If this argument is sound, then as an ethical matter lawyers can be required to take responsibility for the quality of the legal advice they give to clients, and can be criticized in ethical terms for manipulating or abusing the law in the service of clients.
Détails de la publication
Publié dans:
Morigiwa Yasutomo, Stolleis Michael, Halpérin Jean-Louis (2011) Interpretation of law in the age of enlightenment: from the rule of the king to the rule of law. Dordrecht, Springer.
Pages: 153-178
DOI: 10.1007/978-94-007-1506-6_9
Citation complète:
Wendel W. Bradley, 2011, The craft of legal interpretation. In Y. Morigiwa, M. Stolleis & J. Halpérin (eds.) Interpretation of law in the age of enlightenment (153-178). Dordrecht, Springer.