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Intentionalism, Textualism, and Evolutive Interpretation

George Letsas

in A Theory of Interpretation of the European Convention on Human Rights

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199203437
eISBN:
9780191707773
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203437.003.0004
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This chapter looks at the role that drafters' intentions and the text should play in the interpretation of the ECHR. The European Court has been relatively consistent in rejecting intentionalism and ... More


A Theory of Interpretation of the European Convention on Human Rights

George Letsas

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199203437
eISBN:
9780191707773
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199203437.001.0001
Subject:
Law, Human Rights and Immigration, Philosophy of Law

This book provides a philosophical study of the methods of interpretation used by the European Court of Human Rights in Strasbourg. By drawing on Anglo-American legal, political, and moral ... More


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