Cover: Judging under Uncertainty: An Institutional Theory of Legal Interpretation, from Harvard University PressCover: Judging under Uncertainty in HARDCOVER

Judging under Uncertainty

An Institutional Theory of Legal Interpretation

Add to Cart

Product Details

HARDCOVER

$83.00 • £66.95 • €74.50

ISBN 9780674022102

Publication Date: 05/15/2006

Short

346 pages

6-1/8 x 9-1/4 inches

World

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. 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. 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 uncertainty. In view of their limited information and competence, judges should adopt a restrictive, unambitious set of tools for interpreting statutory and constitutional provisions, deferring to administrative agencies where statutes are unclear and deferring to legislatures where constitutional language is unclear or states general aspirations.

Recent News

From Our Blog

Photo of Lucia Jacobs as a child sitting next to Oaky

How to Plant a Forest

For this week’s University Press Week Blog Tour, Lucia Jacobs offers us a glimpse of environmental stewardship as seen through the activities of the ubiquitous squirrel, a species native to the Americas, Africa, and Eurasia from the Eocene Epoch onward. Lucia Jacobs is Professor of Psychology and Neuroscience at the

‘manifold glories of classical Greek and Latin’

The digital Loeb Classical Library (loebclassics.com) extends the founding mission of James Loeb with an interconnected, fully searchable, perpetually growing virtual library of all that is important in Greek and Latin literature.