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The Autonomy of LawEssays on Legal Positivism$
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Robert P. George

Print publication date: 1999

Print ISBN-13: 9780198267904

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198267904.001.0001

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Intention in Interpretation

Intention in Interpretation

(p.248) (p.249) 9 Intention in Interpretation
The Autonomy of Law

Joseph Raz

Oxford University Press

This chapter is a jurisprudential reflection on intention in legal interpretation. The aim of this chapter is to explore an aspect of legal interpretation, so that the theory of law may be understood. The question, ‘what is the law?’ is very much intertwined with the question of how the law should be interpreted. This chapter does not, however, cover practices of interpretation specific to some legal systems. The chapter presents some of interpretation's general characteristics. There are four elements to be considered as a guide to how interpretation should be understood: interpretation is of an original; an interpretation states the meaning of the original; interpretation is subject to assessment; and interpretation is an intentional act.

Keywords:   legal interpretation, legal systems, theory of law, intentional acts, jurisprudence

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