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Adrian Vermeule is Professor of Law at Harvard Law School.

(Philip P. 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. Rejecting this framework, Vermeule argues that any legal interpretation rests on institutional premises about the effects of decisions and the abilities of judges. What is most interesting about Vermeule's work is that he attempts to strip away the normative angle and present a case for interpretive method based on the empirical side. (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. (Frederick Schauer, John F. Because of the extreme uncertainty and limited information involved in judicial decision making, the author contends that the best d

In this book, Adrian Vermeule breaks new ground by rejecting both the conceptual approach and the judge-centered conclusions of older theorists. Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. How should judges, in America and elsewhere, interpret statutes and the Constitution? Previous work on these fundamental questions has typically started from abstract views about the nature of democracy or constitutionalism, or the nature of legal language, or the essence of the rule of law. From these conceptual premises, theorists typically deduce an ambitious role for judges, particularly in striking down statutes on constitutional grounds. Drawing upon a range of social science tools from political science, economics, decision theory, and other disciplines, he argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertain

• Title : Judging Under Uncertainty: An Institutional Theory of Legal Interpretation
• Author : Adrian Vermeule
• Rating : 4.90 (786 Vote)
• Publish : 2016-8-22
• Format : Hardcover
• Pages : 346 Pages
• Asin : 0674022106
• Language : English