Fidelity in interpretation: Lord Hoffmann and The Adventure of the Empty House
2008; Cambridge University Press; Volume: 28; Issue: 1 Linguagem: Inglês
10.1111/j.1748-121x.2007.00079.x
ISSN1748-121X
Autores Tópico(s)Legal principles and applications
ResumoThis paper explores Dworkin's ‘law as a chain novel’ analogy and considers the recent work of Dworkin and MacCormick through close scrutiny of two recent judgments of Lord Hoffmann, in Barlow Clowes v Eurotrust International [2005] UKPC 37 and Barker v Corus [2006] UKHL 20. The aim is to examine Dworkin's theory in the context of recent English private law decisions and determine whether Lord Hoffmann's approach to interpretation is consistent with that of Dworkin (as his Lordship has contended in the past). It is argued that Lord Hoffmann's treatment of recent decisions on which he himself sat raises significant questions regarding fidelity, coherence and the institutional structure of the House of Lords.
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