Interpretivism (legal) - Wikipedia Interpretivism (legal) From Wikipedia, the free encyclopedia Jump to navigation Jump to search Interpretivism is a school of thought in contemporary jurisprudence and the philosophy of law. Overview[edit] Ronald Dworkin is often associated with interpretivism. The main claims of interpretivism are that Law is not a set of given data, conventions or physical facts, but what lawyers aim to construct or obtain in their practice. This marks a first difference between interpretivism and legal positivism. But the refusal that law be a set of given entities opposes interpretivism to natural law too. There is no separation between law and morality, although there are differences. This is not in accordance with the main claim of legal positivism. Law is not immanent in nature nor do legal values and principles exist independently and outside of the legal practice itself. This is the opposite of the main claim of natural law theory. In the English speaking world, interpretivism is usually identified with Ronald Dworkin's thesis on the nature of law as discussed in his text titled Law's Empire, which is sometimes seen as a third way between natural law and legal positivism. The concept also includes continental legal hermeneutics and authors such as Helmut Coing and Emilio Betti. Legal hermeneutics can be seen as a branch of philosophical hermeneutics, whose main authors in the 20th century are Heidegger and Gadamer, both drawing on Husserl's phenomenology. Hermeneutics has now expanded to many varied areas of research in the social sciences as an alternative to a conventionalist approach. In a wider sense, interpretivism includes even the theses of, in chronological order, Josef Esser, Theodor Viehweg, Chaim Perelman, Wolfgang Fikentscher, Castanheira Neves, Friedrich Müller, Aulis Aarnio and Robert Alexy. External links[edit] Stanford Encyclopedia's articles on legal interpretivism, by Nicos Stavropoulos, and on interpretation and coherence in law, by Julie Dickson. v t e Jurisprudence Legal theory Critical legal studies Comparative law Economic analysis Legal norms International legal theory Legal history Philosophy of law Sociology of law Philosophers Alexy Allan Aquinas Aristotle Austin Beccaria Bentham Betti Bickel Blackstone Bobbio Bork Brożek Cardozo Castanheira Neves Chafee Coleman Del Vecchio Durkheim Dworkin Ehrlich Feinberg Fineman Finnis Frank Fuller Gardner George Green Grisez Grotius Gurvitch Habermas Han Hart Hegel Hobbes Hohfeld Hägerström Jellinek Jhering Kant Kelsen Köchler Kramer Llewellyn Lombardía Luhmann Lundstedt Lyons MacCormick Marx Nussbaum Olivecrona Pashukanis Perelman Petrażycki Pontes de Miranda Posner Pound Puchta Pufendorf Radbruch Rawls Raz Reale Reinach Renner Ross Rumi Savigny Scaevola Schauer Schmitt Shang Simmonds Somló Suárez Tribe Unger Voegelin Waldron Walzer Weber Wronkowska Ziembiński Znamierowski Theories Analytical jurisprudence Deontological ethics Fundamental theory of canon law Interpretivism Legalism Legal moralism Legal positivism Legal realism Libertarian theories of law Natural law Paternalism Utilitarianism Virtue jurisprudence Concepts Dharma Fa Judicial interpretation Justice Legal system Li Rational-legal authority Usul al-Fiqh Related articles Law Political philosophy Index Category Law portal Philosophy portal WikiProject Law WikiProject Philosophy changes v t e Law Core subjects Administrative law Civil law Constitutional law Contract Criminal law Deed Equity Evidence International law Law of obligations Procedure Civil Criminal Property law Public law Restitution Statutory law Tort Other subjects Agricultural law Aviation law Amnesty law Banking law Bankruptcy Commercial law Competition law Conflict of laws Construction law Consumer protection Corporate law Cyberlaw Election law Energy law Entertainment law Environmental law Family law Financial law Financial regulation Health law History of the legal profession History of the American legal profession Immigration law Intellectual property International criminal law International human rights International slavery laws Jurimetrics Labour Law of war Legal archaeology Legal fiction Maritime law Media law Military law Probate Estate Will and testament Product liability Public international law Space law Sports law Tax law Transport law Trust law Unenforced law Women in law Sources of law Charter Code Constitution Custom Divine right Divine law Human rights Natural law Natural and legal rights Case law Precedent Law making Ballot measure Codification Decree Edict Executive order Proclamation Legislation Delegated legislation General executory decree Regulation Rulemaking Promulgation Repeal Treaty Concordat Statutory law Statute Act of Parliament Act of Congress (US) Legal systems Civil law Common law Chinese law Legal pluralism Religious law Canon law Hindu law Jain law Jewish law Sharia Roman law Socialist law Statutory law Xeer Yassa Legal theory Contract theory Critical legal studies Comparative law Feminist Fundamental theory of canon law Law and economics Legal formalism History International legal theory Principle of legality Rule of law Sociology Jurisprudence Adjudication Administration of justice Criminal justice Court-martial Dispute resolution Fiqh Lawsuit/Litigation Legal opinion Legal remedy Judge Justice of the peace Magistrate Judgment Judicial review Jurisdiction Jury Justice Practice of law Attorney Barrister Counsel Lawyer Legal representation Prosecutor Solicitor Question of fact Question of law Trial Trial advocacy Trier of fact Verdict Legal institutions Bureaucracy The bar The bench Civil society Court Court of equity Election commission Executive Judiciary Law enforcement Legal education Law school Legislature Military Police Political party Tribunal Category Index Outline Portal This legal term article is a stub. You can help Wikipedia by expanding it. v t e This philosophy-related article is a stub. You can help Wikipedia by expanding it. v t e Retrieved from "https://en.wikipedia.org/w/index.php?title=Interpretivism_(legal)&oldid=955447793" Categories: Theories of law Interpretation (philosophy) Legal terminology stubs Philosophy stubs Hidden categories: All stub articles Navigation menu Personal tools Not logged in Talk Contributions Create account Log in Namespaces Article Talk Variants Views Read Edit View history More Search Navigation Main page Contents Current events Random article About Wikipedia Contact us Donate Contribute Help Learn to edit Community portal Recent changes Upload file Tools What links here Related changes Upload file Special pages Permanent link Page information Cite this page Wikidata item Print/export Download as PDF Printable version Languages العربية فارسی Italiano 日本語 Português Svenska Edit links This page was last edited on 7 May 2020, at 21:28 (UTC). 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