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PATRICKNERHOT Since the two operations overlap each other so much, speaking about fact and interpretation in legal science separately would undoubtedly be highly artificial. To speak about fact in law already brings in the operation we call interpretation. EquaHy, to speak about interpretation is to deal with the method of identifying reality and therefore, in large part, to enter the area of the question of fact. By way of example, Bemard Jackson's text, which we have placed in section 11 of the first part of this volume, could no doubt just as weH have found a horne in section I. This work is aimed at analyzing this interpretation of the operation of identifying fact on the one hand and identifying the meaning of a text on the other. All philosophies of law recognize themselves in the analysis they propose for this interpretation, and we too shall seek in this volume to fumish a few elements of use for this analysis. We wish however to make it clear that our endeavour is addressed not only to legal philosophers: the nature of the interpretive act in legal science is a matter of interest to the legal practitioner too. He will find in these pages, we believe, elements that will serve hirn in rcflcction on his daily work.
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LAW, INTERPRETATION AND REAUTY LAW AND PHILOSOPHY LIBRARY Managing Editors ALAN MABE, Department of Philosophy. Florida State University. Tallahassee. Florida 32306. U.SA. MICHAEL D. BAYLES, Department of Philosophy. Florida State University. Tallahassee. Florida 32306. U.SA. AUUS AARNIO, Department of Civil Law. University of Helsinki. Vuorikatu 5c. SF-OOIOO Helsinki, Finland Editorial Advisory Board RALF DREIER, Lehrstuhlfür Allgemeine Rechtstheorie. luristisches Seminar der Georg-August Universität GEORGE P. FLETCHER, School of Law. Columbia University ERNESTO GARZON VALDES, Institut für Politikwissenschajt. lohannes Gutenberg Universität Mainz JOHN KLEINIG, Department of Law, Police Science and Criminal lustice Administration. lohn lay College ofCriminal lustice. City University ofNew York NICOLA LACEY, New College, Oxford University NEIL MacCORMICK, Centrefor Criminology and the Social and Philosophical Study of Law. Faculty of Law. University of Edinburgh ALEKSANDER PECZENIK, luridiska Institutionen. University of Lund NIGEL SIMMONDS, Corpus Christi College. Cambridge University ROBERT S. SUMMERS, School of Law. Cornell University ALICE ERH-SOON TAY, Faculty of Law. University of Sydney ERNEST J. WEINRIB, Faculty ofLaw. University ofToronto CARL WELLMAN, Department of Philosophy. Washington University VOLUME 11 LAW, INTERPRETATION ANDREALITY Essays in Epistemology, Hermeneutics and J urisprudence Edited by PATRICK NERHOT European University Institute, F/orence SPRINGER-SCIENCE+BUSINESS MEDIA, B.V. Library of Congress Cataloging in Publication Data Law, 1nterpretat1on, and real1ty essays 1n ep1stemology, hermeneut1cs, and Jurisprudence I edited by Patr1ck Nerhot. p. cm. -- (Law and phi losophy 1 ibrary ; v. 11> ISBN 978-90-481-4061-9 ISBN 978-94-015-7875-2 (eBook) DOI 10.1007/978-94-015-7875-2 1. Law--Interpretation and construct10n. 2. Law--Language. 3. JUrlsprudence. I. Nerhot, Patrlck, 1953II. Series. K296.L39 1990 340' . O14--dc20 89-26705 ISBN 978-90-481-4061-9 Printed on acid-free paper AII Rights Reserved © 1990 by Springer Science+Business Media Dordrecht Originally published by Kluwer Academic Publishers in 1990 Softcover reprint of the hardcover 1st edition 1990 No part of the material protected by this copyright notice may be reproduced or utilized in any form or by any means, electronic Of mechanical, including photocopying, recording or by any information storage and retrieval system, without written permis sion from the copyright owner. TABLE OF CONTENTS