Publication details

Interpretace jako změna textu

Title in English Interpretation as a Change of the Text
Authors

ŠKOP Martin

Type Chapter of a book
MU Faculty or unit

Faculty of Law

Citation
Description In this chapter I focus on the idea of a recently deceased American legal philosopher Ronald Dworkin, according to which, despite all the specifics of legal interpretation, it is unacceptable to change text by the interpretation. Dworkin assumes that the legal text is only one kind of literary text, as well as some other species (such as plays) must be performed by the human behavior, but the change can never be admitted. Text presented disputes this attitude that absolutely refuses to change the text by interpretation. In my opinion, it is either possible to completely change the interpretation of the text, or vice versa is excluded in any way interfere in the text (except for physical rewrite), and even by interpretation. Then, of course, emphasizing the prohibition of any changes is pointless. Everything thus gives the impression that the specter of change evoked by Dworkin is rather artificial.
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