Definition of Interpretivism in context of natural law (ius naturale, lex naturalis), legal positivism, the intersection of law, morality and ethics. The hermeneutic challenges caused by history, language and culture.

1. Constitutional Interpretivism
PSC 381 Bill of Rights

2. Natural law is a philosophy that certain rights are inherent by virtue of
human nature endowed by nature, God, or a transcendent source,
and can be understood universally through human reason.
Historically, natural law refers to the use of reason to analyze human
nature to deduce binding rules of moral behavior from nature's or
God's creation of reality and mankind. The law of nature, as
determined by nature, is universal.
Natural Law (ius naturale, lex naturalis)

3. a school of thought of analytical jurisprudence that posits:
● Laws are commands of human beings;
● There is no necessary connection between law and morals—that
is, between law as it is and as it ought to be;
● Analysis (or study of the meaning) of legal concepts is worthwhile
and is to be distinguished from history or sociology of law, as well
as from criticism or appraisal of law;
● A legal system is a closed, logical system in which correct
decisions can be deduced from predetermined legal rules without
reference to social considerations; and
Legal Positivism

4. ● Moral judgments, unlike statements of fact, cannot be
established or defended by rational argument, evidence, or proof.
Legal Positivism (Cont’d)

5. Natural Law - Yes
Legal Positivism - No
Connection Between Law and Morality

6. a school of thought in contemporary jurisprudence and the
philosophy of law. Interpretivism posits that:
● Law is not a set of given data, conventions or physical facts, but
what lawyers aim to construct or obtain in their practice.
● There is no separation between law and morality, although there
are differences.
● Law is not immanent in nature nor do legal values and principles
exist independently and outside of the legal practice itself.
Legal Interpretivism

7. The theory and method of interpretation.
Hermeneutics

8. I love Spot.
Presumption that Spot is a dog arises from history and culture.
I love my wife.
Presumption arises from language.
Consider

9. Attributions:
Case Summaries
None
Notes
None
For additional information:
Brandon L. Blankenship
UAB | Department of Government
(205)912-8248 | blbjd@uab.edu
Attributions and Additional Information: