Judging Under Uncertainty: An Institutional Theory of Legal Interpretation |
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You Are Here: Home > History Books > Legal History > Item 88
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Judging Under Uncertainty: An Institutional Theory of Legal Interpretation
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by Adrian Vermeule
Sales Rank: 468847
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List Price: $55.00
$44.40
At Amazon
on 6-17-2008.
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Features
Cover Type: Hard Cover with 346 pages
Published by: Harvard University Press May 15, 2006
Written in: English
ISBN 10 Number: 0674022106
ISBN 13 Number: 978-0674022102
Book Dimensions:
9.2 x 6.3 x 1.1 inches
Weighs: 1.4 pounds
Product Review
This work of legal theory critiques the conceptual approach that derives the scope of judicial power from abstract principles of constitutionalism or democracy. Rejecting this framework, Vermeule argues that any legal interpretation rests on institutional premises about the effects of decisions and the abilities of judges. The book is divided into three sections: critique, reconstruction, and application of the new institutionalist theory. Because of the extreme uncertainty and limited information involved in judicial decision making, the author contends that the best decision-making system is restrictive and deferential to administrative agencies and legislatures in ambiguous scenarios. (Law & Social Inquiry )
This is an important book, different in both scope and methodology from ordinary works in interpretation in its ambitionand its willingness to borrow from a wide range of academic disciplines.
--J. E. Finn (Choice )
Product Review
The topic of legal interpretation is a large and enduring one, and Vermeule has made a distinct contribution. Part of that contribution comes simply from the way in which, more than any other scholar of interpretation, Vermeule combines the insights of legal philosophy, public choice theory, history, economics, social psychology, and political science, among others, with a prodigious knowledge of numerous areas of law to produce a genuine comprehensive work on legal interpretation. This is a serious, thoroughly academic, and wonderfully multi-disciplinary addition to the literature on legal interpretation, and in its focus on institutions and on less-than-perfect interpreters making decisions under conditions of uncertainty has a distinct argument and a distinct voice.
--Frederick Schauer, John F. Kennedy School of Government, Harvard University
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Judging Under Uncertainty: An Institutional Theory of Legal Interpretation
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Price: $44.40
Updated on 6-17-2008.
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