| 英文摘要 |
There are two representative views on the legal interpretation: a point of view that judge in the adjudication of cases just in strict interpretation method and decision making, to reveal the laws that already exist in the concise meaning; another kind of view believes that the judge’s interpretation of law is just reflect the wishes of the individual or the subjective political intention. In the as the interpretation of the law, "a text, Dworkin tries to find a third way beyond the position of the theory of objective interpretation and subjective interpretation, he through the legal interpretation of the analogy between the chain of novel writing" chain ", think the explanation is on the history of the system that is composed of the" greatly enumeration award, systems, practices and habits of the expansion and extension. It is neither a pure objectivity, is not completely subjective, but the creation of a kind of constrained, like wearing shackles dance. |
