Bojan Spaic (University of Belgrade - Faculty of Law) has posted Institutional Turn(s) in Theories of Legal Interpretation (David Duarte, Pedro Moniz Lopez, Jorge Silva Sampaio (eds.), Legal Interpretation and Scientific Knowledge, Springer 2019) on SSRN. Here is the abstract:
The paper gives an overview of recent doctrines of legal interpretation that can be subsumed under the common name “institutional turn” in theories of legal interpretation. Among the reviewed theoretical positions are the ones from Jeremy Wаldron, Victoria Nourse, Cass Sunstein, Adrian Vermeule, Scott Shapiro. It is concluded that the institutional turn in legal interpretation offers some significant insights into legal interpretation and interesting perspectives on the appropriate interpretative methodologies. The turn, however, does this by eschewing parts of traditional accounts of legal interpretation that are arguably worth preserving in any theory of legal interpretation.
Another topic for which the interpretation-construction distinction is essential for conceptual clarity. Spaic notes the distinction made by Lieber at the very start of the article. Recommended.
