Bulletin n. 2/2011
October 2011
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Sen Amartya
    Rights, Laws and Language
    in Oxford Journal of Legal Studies , Volume 31 Issue 3 September ,  2011 ,  437-453
    Words have meanings, often more than one. Many words also have evocative power and communicative reach. It is important to look beyond the legal route in making human rights more effective, and to endorse but proceed beyond human rights being seen as motivation only for legislation (the particular connection on which Herbert Hart commented). Within the legal route itself there is the important issue of interpretation of law that can stretch beyond the domain of fresh legislation. In assessing the ‘originalist’ disciplines of legal interpretation, the article discusses the distinction between interpreting the original text in terms of changing linguistic conventions (on which some commentators have focused) and taking note of public reasoning today in the light of the original ‘constitutional motivation’.
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