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Volume 72
1993-1994
Issue Number 1
Article:
Dennis Patterson, The Poverty of Interpretive
Universalism: Toward the Reconstruction of Legal Theory, 72 TEXAS
L. REV. 1 (1993).
Abstract:
Professor Patterson criticizes interpretive universalism, the
idea that all understanding is a matter of interpretation, based on his
belief that holding interpretation central to legal thought creates a
philosophical hall of mirrors. He examines
the works of two proponents of interpretive universalism: Ronald
Dworkin and Stanley Fish. Patterson reads
Dworkin and Fish as claiming that legal truth is a product of
interpretation. He disagrees with such an
account of legal understanding as it turns the ordinary into the
mysterious and fails to account for the fact that understanding and
interpretation are distinctive activities. Instead,
Patterson suggests that jurisprudence should turn its attention away
from interpretation and focus on appraisal of our practices of legal
justification.
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