Jump to ContentJump to Main Navigation
Administering InterpretationDerrida, Agamben, and the Political Theology of Law$
Users without a subscription are not able to see the full content.

Peter Goodrich and Michel Rosenfeld

Print publication date: 2019

Print ISBN-13: 9780823283798

Published to Fordham Scholarship Online: January 2020

DOI: 10.5422/fordham/9780823283798.001.0001

Show Summary Details
Page of

PRINTED FROM FORDHAM SCHOLARSHIP ONLINE (www.fordham.universitypressscholarship.com). (c) Copyright Fordham University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in FSO for personal use.date: 04 July 2022

The Interpreter, the Scientist, and the Analyst

The Interpreter, the Scientist, and the Analyst

(p.38) 3 The Interpreter, the Scientist, and the Analyst
Administering Interpretation

Jeanne L. Schroeder

Fordham University Press

Stanley Fish and Bernhard Schlink agree that there can be no rule for finding a correct legal interpretation. Each, however, offers a negative rule to recognize incorrect interpretations. Schlink asserts that incorrect interpretations can be eliminated through the scientific method of falsification. Fish claims that any interpretation not concerned with the author’s state of mind must be rejected. Unfortunately, Fish’s insistence on authorial intent could be read as downplaying the role of the interpreter. Although interpretation is objective in that it involves the examination of an object, it is not merely objective. Communication is collaboration; interpretation needs an interpreter. It is intersubjective. But interpretation cannot be relegated entirely to the intersubjective “symbolic” order where language and law is located. The symbolic can never be disentangled from the orders of the “imaginary” and the “real” that are its logical boundaries. Interpretation has a subjective aspect because it requires the creative act of the interpreter’s imagination. Schlink recognizes that a subjective moment of hypothesis formation is essential to interpretation but tries to distinguish it from a subsequent objective or intersubjective testing process. There is no rule that can disprove our legal interpretations. This is why judging is always a moral act.

Keywords:   abduction, falsification, imagination, intersubjectivity, Lacan, legal interpretation

Fordham Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .