PHIL5650 · Philosophy

Law and Interpretation

Morrissey College of Arts & Sciences

This course will examine theories of interpretation (hermeneutics) and the practice of interpretation in law. We will address interpretation as a fundamental feature of human understanding, using religious and literary texts, and then specific schools of legal interpretation, including originalism, strict construction, and the so-called living constitutional approach, using both American constitutional cases (Second Amendment, same-sex marriage, and others) and disputes in scriptural interpretation, such as the debate over the ordination of women. A particular focus will be the question of law at the limit, such as instances of executive law-breaking. Authors will include Aristotle, Aquinas, Gadamer, and Schmitt, as well as Dworkin, Scalia, and Breyer.