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META-INTERPRETIVE QUESTIONS AND THE AIMS OF THEORIES OF INTERPRETATION: BEYOND THE REMEDIAL ANSWER
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Journal Article
META-INTERPRETIVE QUESTIONS AND THE AIMS OF THEORIES OF INTERPRETATION: BEYOND THE REMEDIAL ANSWER
2025
Overview
\"15 Because plain meaning runs out, the law (legal content, the legal norms that follow from a legal source) runs out too.16 \"Insofar as the text's plain meaning cannot resolve a case, there is no legally correct answer to what the text requires in that case. [...]they could entail proposals of change to the rule of recognition.21 These inquiries lead to additional answers to the meta-interpretive questions, alongside Watson's remedial answer. If the norm derived from the legal source corresponds to actual legal content produced by an actual legal source-its \"contribution to the law\"-it is a legal norm.27 As mentioned above, Watson believes that rules of recognition do not only identify legal sources, but also \"play a role\" in \"how legal texts . . . contribute to the law\"28 and that rules of recognition in the United States adopt the \"criterion that a legal text's clear communicative content- or . . . its 'plain meaning'-fully determines its contribution to the law. Legal interpretation typically takes place in the context of a practical activity, such as deciding cases, adopting regulations, passing legislation, or drafting a contract.31 These activities may require settling on an applicable norm precise enough to address the needs of the situation, even when legal content runs out.
Publisher
Boston University School of Law
Subject
