New Essays on the Fish-Dworkin Debate

Thomas Bustamante, Margaret Martin, Thomas Bustamante, Margaret Martin

• Éditeur: Hart Publishing
• Année: 2023
• ISBN:
  9781509961801
• Édition: 1
• Sujet: Droit
• Sous-sujet: Jurisprudence

This book considers the seminal debate in jurisprudence between Ronald Dworkin and Stanley Fish. It looks at the exchange between Dworkin and Fish, initiated in the 1980s, and analyses the role the exchange has played in the development of contemporary theories of interpretation, legal reasoning, and the nature of law. The book encompasses 4 key themes of the debate between these authors: legal theory and its critical role, interpretation and critical constraints, pragmatism and interpretive communities, and some general implications of the debate for issues like the nature of legal theory and the possibility of objectivity. The collection brings together prominent legal theorists and one of the protagonists of the debate: Professor Stanley Fish, who concludes the collection with an interview in which he discusses the main topics discussed in the collection.